Bathroom Access Case Shows Need For High Court Review

Law360, New York (June 14, 2017, 11:56 AM EDT) -- On May 30, 2017, the Seventh Circuit unanimously affirmed a preliminary injunction permitting a transgender boy to use the boys' restroom while at school. The decision marks the latest ruling on an increasingly common question that yet remains unresolved on a nationwide scale.

In an unprecedented decision, the court upheld Ashton "Ash" Whitaker's rights to use his preferred bathroom under both a statutory and constitutional analysis, finding unlawful discrimination when the school enforced a generally applicable policy requiring him to use either the restroom that corresponds with his anatomical sex, or a gender-neutral bathroom.

Several months ago, I discussed for Law360...

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