Tomorrow, the 3rd Circuit Court of Appeals will hear an important case about whether transgender students can safely attend school.
The case, Doe v. Boyertown, was brought by a student under the pseudonym Joel Doe. Doe attends the Boyertown Area School District in Pennsylvania, which allows transgender students to use facilities that match their gender identity. Doe is arguing that his school should be required to ban transgender male students from using the same school facilities—like restrooms and locker rooms—as other male students.
Schools are well-equipped to manage the different needs of students in these settings—and they’ve shown they can provide additional privacy for students who want it, while also ensuring that transgender students can access facilities consistent with their gender identity. Excluding transgender students from school facilities that match their gender identity is humiliating, discriminatory, and adds to the bullying and mistreatment that far too many transgender students already face. If transgender students cannot safely access a restroom, they cannot safely attend school.
According to GLSEN’s 2015 National School Climate Survey, transgender students who experience exclusion and discrimination are more likely to miss school than other students. The survey also showed that 75% of transgender students felt unsafe at school, and 70% report avoiding bathrooms at school. MAP’s 2017 report, Separation and Stigma: Transgender Youth & School Facilities, further illustrates the significant hostility, discrimination, and bullying that transgender youth face in schools around the country. It also highlights the lack of explicit policy protections for transgender students in most states. (For more on the state of LGBT protections in schools around the country, see MAP’s Safe Schools Laws Equality Map.)
School policies should protect students from bullying and isolation; they shouldn’t promote it. And, a growing number of courts agree that Title IX’s ban on sex-based discrimination in education means that transgender students’ rights must also be protected. Specifically, transgender students must be allowed to use facilities that match their gender identity.
Transgender students, like other students—and like all of us—care about safety and privacy in places like restrooms and locker rooms. Every student also deserves a fair chance to succeed in school and prepare for their future—including students who are transgender.