fourteenth amendment

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Adams ex rel. Kasper v. School Board of St. Johns County: Restricting Transgender High School Students’ Restroom Access Violates the Fourteenth Amendment and Title IX

Mitchell Brisbon*

Photo Credit: https://perma.cc/N7C9-SSZX

In Adams ex rel. Kasper v. School Board of St. Johns County, the United States Court of Appeals for the Eleventh Circuit considered a challenge to a Florida high school’s policy prohibiting transgender students from using the bathroom of the gender with which they identify. The plaintiff, a transgender male, challenged the policy under the Fourteenth Amendment’s Equal Protection clause and Title IX of the Education Amendments Act of 1972. The court affirmed the district court’s judgment on both grounds, with one judge dissenting, holding that the School Board’s policy violated both the Fourteenth Amendment’s Equal Protection Clause and Title IX’s prohibition of sex discrimination in education. Although not specifically decided, the case tees up a potential challenge to sex-separated bathrooms.