11th Circ. Wary Of School's Gender-Based Bathroom Policy

By Rosie Manins (February 22, 2022, 4:35 PM EST) -- Some Eleventh Circuit judges appeared reluctant Tuesday to support a Florida school board's gender-based bathroom policy for students, in the board's third attempt at reversing a lower court's finding that the policy discriminated against a transgender former student.

The federal appellate court sat en banc for oral arguments in Atlanta in three cases, hearing from the School Board of St. Johns County, Florida, that there is nothing unconstitutional about its bathroom policy based on the sex assigned to a student at birth. A divided panel of the court had twice ruled in the former student's favor before the court granted the...

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