The U.S. Court of Appeals for the Third Circuit finally explained its May 24 decision in a challenge to a Pennsylvania’s high school’s policy of allowing transgender students to use the bathroom that corresponds to their gender identity.
The case was brought by cisgender students—those students who identify as the same gender that they were assigned at birth—who claim the policy violates their right to privacy, among other things.
The court rejected that challenge in May, just thirty minutes after it heard oral argument in the case. One third circuit practitioner described the move as “very unusual.”
The court explained...