US Court Ruling Gives Schools Major Constitutional Buff

SeventyFour / shutterstock.com
SeventyFour / shutterstock.com

If you haven’t noticed, there is a growing and spreading trend making its way across the United States. You know, the one that has begun to allow children in schools to use bathrooms and locker rooms based on gender identity rather than their biological sex.

As you can imagine, it’s not turned out well for a great many students already, as more than a few misguided youths have used these opportunities to prey on their peers.

Naturally, most parents aren’t all that fond of these policies. But with well-funded school boards and a number of US courts choosing to side against students and for gender identity, there hasn’t been much they can do about it.

That is until a recent court case actually chose to side with biology.

Enter the 11th US Circuit Court of Appeals. It recently heard a case brought by Allen D. Nease High School student Drew Adams. Adams is a biological female who identifies as a male and, as such, would like to use the school’s boys’ bathrooms and locker rooms in Ponte Verde, Florida.

Initially, the school denied her request to do so. And so she opted to sue the school board or St. Johns County, where the school resides, in 2017.

In 2020, a three-judge panel of the 11th Circuit Court of Appeals heard her case and ruled in her favor. But after reviewing the case, it was decided that the full panel of the court and not a mere three of them should hear the case.

And so, on Friday, that full panel gave their final ruling and decision.

Basically, the decision was straight down party lines. The seven Republican-leaning judges sided with the school district’s initial decision. The remaining four Democrats sided with Adams.

According to Judge Barbara Lagoa, a Trump-appointed judge, the decision ensures that the privacy and safety of students in school bathrooms are retained. And parents agree, with many calling it “common sense.”

Of course, Adams and her legal representation aren’t too happy about their loss.

For Tara Borelli of the LGBT advocacy group Lambda Legal, it goes against the precedence set by other courts across the country.

But just because something is different than what is perceived as the norm or stands up to society doesn’t mean it’s wrong.

I’m betting two girls, their friends, and their families would agree. Thanks to policies that allowed boys who supposedly identify as girls to use female bathrooms in Loudoun County, Virginia, schools, the two girls were raped in the bathroom by the same male student.

And because it was the school board who made the policies, they were reluctant to even admit or report on the rapes. Some members even claimed they didn’t happen at all, only to later change their stories. It took months of allegations and denials before any real action was taken, and that largely happened as a result of angry parents making a fuss.

It should have never come to that. It should have never even been possible. 1) that a misguided student could have been knowingly allowed to enter girls’ bathrooms. And 2) that a school board would be more concerned with their own well-being than that of the students they are supposed to be protecting.
Unfortunately, it did.

The 11th Circuit Court of Appeals just made sure that the same won’t happen in Ponte Verde, Florida. And hopefully, their bravery to stand against the tide catches on.

It could also give the Supreme Court an added reason to hear and decide on similar cases. Perhaps they could even pave the way for a nationwide transgender bathroom policy that has the safety and privacy of students and not how woke a school looks at the heart of the issue.

Until then, at least there’s one more school district that is standing up for students and maintaining their safety.