The Supreme Court could soon be forced to reckon with split lower court decisions over whether self-identifying transgender people can use public restrooms that don't correspond with their biological sex.
That's due in part to a decision last month in the U.S. Court of Appeals for the 11th Circuit, in which a 7-4 majority ruled the Atlanta-based St. Johns County School Board did not illegally discriminate against transgender student Andrew Adams when it disallowed the student from using the boys' restroom at his high school.
Members of the high court have for years expected such a case to arise before them, especially Justice Sonia Sotomayor, one of the three liberal members appointed by former President Barack Obama, who said in 2019 oral arguments that disputes over transgender bathroom rules would be an"inevitable" question.
It was Justice Neil Gorsuch, an appointee of former President Donald Trump, who authored the majority opinion in that case in 2020, handing down a decision in favor of workers by holding that a federal civil rights law protects LGBT employees from discrimination by a 6-3 vote.
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