The St. Johns (Florida) school district declined to comment on the court’s decision because the case is still pending, said Christina Langston, chief of community relations. The school board will decide on further appeals, but those decisions have not yet been made, she said.
Adams, an honor student who came out as transgender when he was 14, now attends the University of Central Florida. In 2017, joined by his mom, he sued his county school board after being told he could no longer use the boys’ restroom at Nease High.
Drew Adams and his mother, Erica Kasper. (HYOSUB SHIN/Hyosub.Shin@ajc.com)
The decision, written by Judge Beverly Martin, relied on the U.S. Supreme Court’s landmark ruling last month that held federal law prohibits discrimination against gay and transgender employees in the workplace.
Judge Beverly Martin/ Macon Telegraph
Credit: Bill Rankin
Credit: Bill Rankin
The high court’s decision “confirmed that workplace discrimination against transgender people is contrary to law,” Martin wrote. “Neither should this discrimination be tolerated in schools. The school board’s bathroom policy, as applied to Mr. Adams, singled him out for different treatment because of his transgender status.”
Martin added, “A public school may not punish its students for gender nonconformity. Neither may a public school harm transgender students by establishing arbitrary, separate rules for their restroom use.”
Martin was joined by Judge Jill Pryor. Both were appointees of President Barack Obama.
Chief Judge Bill Pryor, appointed by President George W. Bush, issued a stinging dissent, predicting the decision will have “radical consequences for sex-separated bathrooms.”
When the Supreme Court ruled last month in favor of LGBTQ rights in the workplace, it pointedly declined to consider the issue of transgender bathroom access, Judge Bill Pryor said.
Judge William Pryor speaks in Washington in November 2016. (Cliff Owen / AP file)
In its Adams’ decision, the 11th Circuit’s majority “reaches the remarkable conclusion that schoolchildren have no sex-specific privacy interests when using the bathroom,” he said. " ... The logic of its opinion would invalidate all government policies that separate bathrooms — or locker rooms and showers, for that matter — by sex.”
Pryor’s dissent could mean the case is far from over. The decidedly conservative 12-member 11th Circuit could decide as a whole to reconsider Friday’s decision. If that happens, Martin’s majority opinion would be vacated until a new one is issued.