FILE – Protesters stand outside of the Senate chamber at the Indiana Statehouse, Wednesday, Feb. 22, 2023, in Indianapolis. (AP Photo/Darron Cummings, File)
An Indiana middle school that refused to allow a transgender boy to use the boys’ bathroom was dealt another loss Tuesday when the U.S. Supreme Court refused to consider its appeal.
The high court denied certiorari Tuesday in the case of Metropolitan School Dist. of Martinsville v. A.C., thus leaving in place a ruling by the U.S. Court of Appeals for the 7th Circuit that found the student was likely to win his sex discrimination case under Title IX and the Equal Protection Clause of the U.S. Constitution.
The Metropolitan School District of Martinsville refused to allow the student, known in court documents as A.C., from using any boys’ restrooms on the campus of John R. Wooden Middle School because A.C. had been designated female at birth. A.C. socially transitioned to live consistently with his male gender identity at age 9.
After A.C.’s principal refused his request to use the boys’ bathrooms, A.C. and his parents sued and raised constitutional claims under the both the Equal Protection Clause and Title IX of the Education Amendments of 1972. The family was represented in the case by the ACLU.
Both the district court and the 7th Circuit Court of Appeals sided with A.C. and found that denying him access to the restroom that aligns with his gender identity is likely a form of illegal sex discrimination under applicable law. The school district appealed to the Supreme Court and on Tuesday, the justices officially denied the district’s petition without comment.
A.C. is now a high school student who attends a school that allows students to use restrooms consistent with their gender identity. In its ruling, the 7th Circuit said its reasoning was based in part on the Supreme Court’s 2021 ruling in Bostock v. Clayton, in which the justices said “sex” discrimination encompasses discrimination based on sexual orientation and transgender status.
The Supreme Court similarly declined to take up the 2021 appeal brought by a Virginia school board seeking to reinstate its controversial transgender bathroom ban challenged in the landmark case of Gavin Grimm. As in the Martinsville case, the justices left in place a favorable ruling for the transgender student.
Indiana has made headlines in recent years for multiple restrictive policies affecting transgender individuals, including a 2021 law requiring students to play sports only on teams that match their assigned sex at birth. The state’s attorney general Todd Rokita also sent a recent letter to Target threatening that its Pride collection could violate child protective laws.
Law&Crime received a statement via email from Eric Bowlen, Superintendent of the Metropolitan School District of Martinsville late Tuesday that said the district was “deeply disappointed” with the Supreme Court’s denial of its petition, leaving federal courts “hopelessly in conflict over how to decide these issues.”
“As the education system continues to evolve rapidly, local school boards must be empowered to navigate sensitive emerging issues with discretion to serve the best interests of students,” Bowlen said.
Bowlen said the district would consult closely with legal counsel to determine appropriate next steps that, “are both in compliance with the law and what is best for our students and the community.”
Counsel for A.C. did not immediately respond to request for comment.
Editor’s note: This piece was updated from its original version to include comment on behalf of the school district.
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