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A Conflict In The Courts: An Update On School Restroom Policies, Suzanne Eckes

Child and Family Law Journal

Over the past ten years, courts have been asked to weigh in on whether students’ rights are violated when school policies prohibit them from using restrooms that align with their gender identities. In the vast majority of legal cases, courts have rendered decisions favorable for the student. In December 2022, however, the Eleventh Circuit Court of Appeals ruled that a school district’s policy prohibiting transgender students from using a restroom that matched their gender identity did not violate Title IX of the Education Amendments of 1972 nor the Equal Protection Clause of the Fourteenth Amendment. The Eleventh Circuit’s en banc …