Appeals Court Says Bathrooms can be Separated Based on Biological Sex, Prompting School to Update Practices

ATLANTA (FLV) – U.S. Court of Appeals for the 11th Circuit reportedly ruled that the St. Johns County School Board did not violate a transgender student’s rights when separating bathroom use based on biological sex.

The school practice reportedly “didn’t violate transgender high school student Drew Adams’ equal protection rights when it prohibited him from using the boys’ bathrooms at Allen D. Nease High School.”

The board argued that separating students by biological sex was constitutional because “it significantly furthered the student privacy interest.”

Pasco County Schools responded to the ruling during a January 3rd School Board Meeting.

Superintendent Kurt Browning said students at Pasco County Schools will be required to use restroom facilities that correspond with their biological sex at birth.

“As the board is aware, the 11th issued a ruling in the case of Drew Adams vs the school board of St. Johns County. The full appeals court overturned the trial courts decision, which has been the controlling law until this newest decision was rendered. As I’ve stated on many occasions with this board and publicly, I was going to do what I said I was going to do – and that is follow the law,” Browning said.

Due to this ruling, the Pasco County Schools District will be updating practices regarding the use of student restrooms to align with this new decision, he said.

“I have directed staff, to within 30 days, update any existing procedures and guidelines, begin meeting with impacted students and parents, meet with our principals and student services staff regarding the use of restroom practices,” Browning said.

He said there will be a private bathroom accommodations available as well.

“I realize this change, in practice, may not sit well with some students and some adults, but it is important to know that we as a district, and elected officials, are required to abide by laws in the state of Florida and those of the United States. This change in district practice and procedure does both of those,” he said.

Gina Duncan with the civil rights group Equality Florida says “Our school districts are under fire.”

“They’re under fire to implement policies that harm LGBTQ kids, like this one, that dismisses trans and non-binary young people’s gender identity,” Duncan said.

Duncan said it requires them to use a bathroom that doesn’t align with who they are, subjecting them to ridicule and bullying.