When asked what a woman is at her confirmation hearing, Judge Ketanji Brown Jackson demurred. Some attacked her for it, but it was the only answer she could legitimately provide since that will likely be an issue that comes before her as an associate justice on the Supreme Court. The Eleventh Circuit’s en banc decision in Adams v. School Board of St. Johns County, in contrast with the Fourth Circuit’s G.G. v. Gloucester County decision, is why.
Both cases involve the question of whether a sincere transgender high school student can use the bathroom/locker room that corresponds with the students’ gender identity rather than sex. In both, the students possessed, at least in part, the genitalia with which they were born. The same Title IX carve-outs for single sex bathrooms applied. Yet the decisions took opposite directions. Continue reading
