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The United States Law Week

Justices Won’t Review Transgender Student Bathroom Policy

May 28, 2019, 1:38 PM

The U.S. Supreme Court won’t take up the controversy over bathroom use by transgender students.

The justices turned away a challenge by four students from Boyertown Area High School in Pennsylvania who claim a school policy of allowing LGBT students to use their preferred bathroom violates their right to privacy.

Controversies have erupted nationwide as school districts decide whether to let LGBT students use bathrooms corresponding to their gender identity rather than their gender at birth.

Some challengers say it’s a violation of federal anti-discrimination laws not to accommodate LGBT students.

The Supreme Court was preparing to hear a similar case at the end of the Obama administration when a policy change by the Trump administration undid much of the lawsuit. The justices nixed the case.

The court previously said it would review the scope of anti-discrimination protections for LGBT workers next term.

The case is Doe v. Boyertown Area School Dist., U.S., No. 18-658, review denied 5/28/19.

To contact the reporter on this story: Kimberly Strawbridge Robinson in Washington at krobinson@bloomberglaw.com

To contact the editor responsible for this story: Jessie Kokrda Kamens at jkamens@bloomberglaw.com