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Prediction: SCOTUS will review and rule on biological sex and privacy

Prediction: SCOTUS will review and rule on biological sex and privacy


Prediction: SCOTUS will review and rule on biological sex and privacy

A federal appeals court ruling is being celebrated by school leaders, parents and fearful girls who demanded the right to privacy and safety in a school restroom and locker room but legal experts predict the fight is just heating up.

In Adams v. School Board of St. Johns County, the 11th Circuit Court of Appeals held the school board's policy of segregating bathrooms according to a student's biological sex did not violate the law. That ruling differs from what other courts have determined, however. 

Kathrine Beck Johnson, a research fellow at the Family Research Council, says the 11th Circuit ruling created a “circuit split” in the federal court system. That means the case is more likely headed to the U.S. Supreme Court in the future.

Johnson, Katherine Beck (FRC) Johnson

The school board was well within its legal right to require students to use a restroom that aligns with their biological sex, she tells AFN.

In a related op-ed published by Fox News, attorney Ian Prior agrees with Johnson’s prediction about a future high court ruling due to the split decisions.

“If so,” he writes, “the left’s radical push for open bathrooms in K-12 education may well be a sad relic of the past.”