Top Court Asked to Rule If Male Students Claiming to Be ‘Girls’ Can Use Girls’ Shower

The controversy over forcing boys and girls to share restrooms in public schools may finally get a hearing at the U.S. Supreme Court, if the body agrees to a request by the pro-religious liberty firm Alliance Defending Freedom (ADF).

At issue is a complaint by four high school students in Boyertown, Pennsylvania who object to being forced to share restrooms and locker rooms with teens who “identify” as a member of the opposite sex. They argue that Boyertown Area School District is violating their privacy rights in the name of transgenderism.

The first complainant, identified as “Joel Doe,” says he was changing in a locker room when he unexpectedly encountered an undressed female student. He reported the October 2016 incident, but was told students could now choose their preferred locker rooms based on their subjective self-identification. Neither parents nor students were given advance notice of the change, according to ADF.

“I was sure they would tell the boy he was wrong for him to be in the girls’ bathroom, but they didn’t. They said this is the way things are going to be,” student Alexis Lightcap, who grew up in the foster system until she was eleven, recalled. “Instead of listening to my concerns, they made me feel like I was the problem for feeling uncomfortable, unsafe, and vulnerable with a boy in my bathroom.”

Regardless, in May a three-judge panel of the 3rd Circuit Court of Appeals unanimously rejected the students’ case after just twenty minutes of deliberation. During oral arguments, U.S. Circuit Judge Theodore McKee telegraphed the panel’s leanings by going so far as to admonish ADF attorney Randall Wenger for using “sex” and “opposite sex” instead of “transgender boy or girl,” because the latter were more “respectful” terms that “enhance[d] the communication.” (Read more from “Top Court Asked to Rule If Male Students Claiming to Be ‘Girls’ Can Use Girls’ Shower” HERE)

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