11th Circuit: Separate Bathrooms in Florida School District Based on Sex NOT Unconstitutional

A girl who wanted everyone to pretend she was a boy used the restroom designated for boys.

Administrators at Allen D. Nease High School in St. Johns County, Florida, apparently didn’t know she was using the boys’ restroom until two students alerted them. The school told the girl to use either the girls’ restroom or the gender-neutral one. She rejected the accommodation and sued.

And she lost. The U.S. Court of Appeals for the Eleventh Circuit rejected her argument by a 7-4 vote on Friday.

“This case involves the unremarkable—and nearly universal—practice of separating school bathrooms based on biological sex,” Judge Barbara Lagoa wrote (PDF). The issue was whether separating the use of bathrooms by sex violates the Equal Protection Clause and Title IX. “We hold that it does not—separating school bathrooms based on biological sex passes constitutional muster and comports with Title IX.”

In other words, sex under Title IX of the federal code means biological sex, not “gender identity.” The decision also affects Alabama and Georgia.

We have to be thankful for judges who still display common sense and respect for individuals who value their privacy. Leftists who push the “transgender” ideology don’t seem to care very much about how actual girls feel sharing private facilities with boys. And why a girl, even one pretending not to be a girl, would want to even enter the boys’ restroom is beyond my understanding (no offense, guys).

From the Washington Examiner:

In arguing that the school didn’t violate the rights of transgender students, the court documented the school’s many attempts to accommodate LGBT students.

Three judges dissented from the majority opinion for different reasons, with one arguing that gender and sex were scientifically established as different. The appellate court’s ruling reverses that of a lower court.

The Obama and Biden administrations tried to do an end-run around Congress by executive action, declaring the ban against discrimination on the basis “sex” in federal law includes “gender identity” and sexual orientation.

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