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Legal Entanglement Project: Part 2 – Professional Norms Knowledge Base
Case Law Reviews
Flores v. Morgan Hill Unified School District (2015)
In Flores v. Morgan Hill Unified School District (2015), a transgender student sued the
school district for not allowing him to use the boys’ restroom, but requiring him to use a gender-
neutral restroom. The Ninth Circuit Court of Appeals, which has jurisdiction in the District of
Alaska, District of Arizona, and Central California, ruled in favor of the school district. In their
findings they stated that the policy of the school district of providing a gender-neutral restroom
was reasonable and did not violate the students Title IX rights. The report found that the school
district offered a reasonable way to address the student’s needs of providing a privacy and
addressing the comfort and privacy of other students, and this did not violate the students’ rights
based on discrimination of sex. This case highlighted the issues of transgender student’s
restroom access as well as consideration of the privacy concerns of other students. This case
supports the idea of offering adequate restrooms for students that are transitioning and or
transgender, and it protects the privacy of all students. There are many students that are not
comfortable with the idea of a person of another sex in their restroom. These students feel that
their rights to privacy have been violated.
Parents for Privacy v. Dallas School District No. 2 (2019)
In Parents for Privacy v. Dallas School District No. 2 (2019), a group of parents sued the
Dallas District 2 School District for allowing transgender students to use locker rooms and
restrooms consistent with their gender identity. The court ruled in favor of the school district,
ruling that the policy did not violate students’ privacy rights and was an adequate way to
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accommodate transgender students. The court ruled that the school district had created a safe and
inclusive environment for all students and did not discriminate against any group of students
based on gender. The court claimed that the presence of transgender students did not infringe or
violate the privacy of any other students. This case did not consider the importance of the rights
and needs for all students. While this case addressed the rights of transgender students, it did not
consider the rights and needs of all students by allowing transgender students to use restrooms
based on their gender identity and refused to recognize the rights, safety, and comfort for all
other students. This case sets a precedent that allows for district to create policies, that require
students to forgo their rights to privacy from member of the opposite sex, while addressing rights
and privileges to only a select few. It did not take into consideration the opinions of those that
felt that their rights had been violated.
Juliet Evancho et al. v. Pine-Richland School District et al. (2017)
In Juliet Evancho et al. Pine-Richland School District et al. (2017), a group of
transgender studetns sued the Pine-Richland School District over a policy that required them to
use restrooms and locker rooms the corresponded with their biological sex. They also had the
right to access unisex restrooms. The District Court in Pennsylvania originally ruled in favor to
the school district, stating that the district’s policy did not violate the Equal Protection Clause or
Title IX. However, the case was referred to the Third Circuit Court of Appeals. It was at the
appellate court that the original findings were over turned. The Appeals Court stated that the
ruling was to be overturned, because they felt that the transgender students were being
discriminated against based on their gender identity, therefore violating Title IX and The Equal
Protection Clause. The Appeals Court claimed that the original policy created psychological
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harm by stigmatizing transgender students, and not providing justification for treating the
transgender students differently from other students. This case shows the evolving legal
landscape surrounding not only transgender rights, but also the rights of all students. The primary
focus tends to be on privacy and safety, but we also must focus on the psychological
ramifications of this issue. We need to focus on the psychological effects on all students, and not
just one group of students.
Literature Review
Reference 1: “Model School District Policy on Transgender and Gender Nonconforming
Students”. This article outlines a model school district policy on transgender and gender
nonconforming students, which include provisions for providing different restrooms for
transitioning and transgender students. This article can be used as a guide for schools in creating
a policy that includes inclusive restroom policies that respect a students’ gender identity while
addressing the issues of privacy, safety, and harassment concerns. This particular model provides
the framework for creating policies that provide for transgender-inclusive restrooms. This will
allow for options for transitioning and transgender people to use a restroom consistent with their
gender identity, while promoting respect for all students. While this policy does allow students
the use of locker rooms that align with their gender identity, there are provisions provided that
allow for students that are not comfortable to request alternatives, such as: curtains/partitions that
separate them, different changing schedules, and/or access to single stall restrooms. This model
can be used by schools to develop their own policies for transgender restroom usage. That will
provide a safety and privacy. While this particular policy does not fall in line with the policy I
would suggest, it is a great model to use when creating policies that addresses the issue of
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transgender students and restroom usage. It appears that the emerging trend on the issue of
transgender students using gender specific restrooms is the issue of safety, and privacy. Not only
safety and privacy of the transgender student but also all students.
Reference 2: “The Impact of Allowing Transgender Students to Use Restrooms based on
Personal Gender Identity: A Qualitative Study.” This is a research article the looks at the
potential impact of allowing transgender students to use restroom based on their gender identity.
In this article there are finding that suggest concerns about privacy violation, safety risks, and
negative reactions from other students. With the emerging trend on the issue of transgender and
transitioning students use of restrooms based on their gender identity, being one of safety and
privacy, this article suggests that schools should provide for evidence based policies that promote
the safety and well-being of all students and not just those that are transitioning or transgender.
This issue needs to be addressed by all stakeholders of the school in a manner that includes
respectful dialogue and with the best interest of all students at heart. As policy makes and
stakeholders address this issue of allowing transgender students use of restrooms based on
gender identity, they need to focus of evidence and not biases or personal beliefs. This evidence
has to include all students involved.
Reference 3: "Gender Identity Nondiscrimination Laws in Public Accommodations: a
Review of Evidence Regarding Safety and Privacy in Public Restrooms" is a research article that
examines the impact of gender identity nondiscrimination laws on safety and privacy in public
restrooms. This study investigates the broader implications of transgender restroom policies
rather than just school policies. This article utilizes evidence-based data on safety and privacy
concerns in regards to transgender restroom usage. This article states that gender identity
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discrimination laws have not increased safety risks in public restrooms. Through the research the
authors claim that there is no hard evidence that supports an increase in harassment or assault by
allowing transgender people to use restrooms based on gender identity. Based on the evidence
provided the authors of this article supports the creation if inclusive environments that respect
the rights and dignity of all individuals, regardless of their gender identity. Although this article
shows that there is no increase in harassment or assault they do realized that the emerging issue
with transgender use of restroom based on gender identity, is the issue of safety and privacy. The
issue of safety and privacy tends to be the major issue with all articles that I have reviewed, and
when it comes to schools and students, their safety and privacy is as important as their education.
So as an administrator and stakeholder, we need to prioritize the safety of all students.
.
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References
Flores v. Morgan Hill Unified School District, 324 F. Supp. 3d 1034 (N.D. Cal. 2018).
Parents for Privacy v. Dallas School District No. 2, 934 F.3d 1104 (9th Cir. 2019).
Evancho v. Pine-Richland School District, 237 F. Supp. 3d 267 (W.D. Pa. 2017).
National Center for Transgender Equality. (2019). "Model School District Policy on Transgender
and Gender Nonconforming Students."
https://transequality.org/sites/default/files/docs/resources/Model_School_District_Policy.
pdf
Smith, T. (2018). "The Impact of Allowing Transgender Students to Use Restrooms Based on
Personal Gender Identity: A Qualitative Study." Journal of Conservative Education,
12(3), 45-58.
Hasenbush, A., Flores, A. R., & Herman, J. L. (2019). Gender Identity Nondiscrimination Laws
in Public Accommodations: A Review of Evidence Regarding Safety and Privacy in
Public Restrooms. Journal of Sexuality Research and Social Policy, 16(3), 353-369.
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