also rejected arguments by cisgender students that having to use the bathroom with transgender students violated Title IX and their rights to privacy.
It could either summarily reverse the 11th Circuit’s decision in favor of the school board, “which they could do, but I think that’s unlikely,” he said. “I think what would be much more likely to happen is the Supreme Court will grant cert and you will have a full briefing, full oral argument and a very lengthy opinion about the issue to give us some kind of national resolution.”
In his majority opinion, Justice Neil Gorsuch wrote that discrimination based on gender identity and sexual orientation is sex discrimination, because it’s based on sex stereotyping. “And so I’m slightly surprised, given the fact that the Supreme Court and now the federal government have both interpreted sex discrimination to be inclusive of trans discrimination cases," Kreis said of the 11th Circuit Court."It’s kind of an interesting decision for the court to pick this fight at this time.”The justices could use their reasoning in Bostock to find that Title IX protects Adams from sex discrimination.