Transgender Bathroom Ruling Retains Uncertainty Over Path Forward

The battle over transgender students’ access to bathrooms that correspond to their gender identity has created a circuit split and teed up a potential US Supreme Court showdown that could have implications in the employment context.

A recent en banc decision by the US Court of Appeals for the Eleventh Circuit against Florida transgender high school student Drew Adams has set the stage for a review by the justices, who have repeatedly declined in recent years to wade into similar disputes. But the posture of the case, combined with the high court’s current makeup, could keep that particular dispute at ...