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Supreme Court won’t review school transgender bathroom policies

The Supreme Court let stand a lower court ruling allowing transgender students in Indiana to access school restrooms and locker rooms consistent with their gender identity Tuesday.

The justices in a brief order denied a request from a central Indiana school district to hear the case, which centers around a now-teenage transgender boy, identified in court documents as A.C., who was barred from using the boys restrooms at his former middle school.

The refusal to take up the case, which had no noted dissents, leaves unresolved a split among the nation’s federal appeals courts as to whether school districts are barred from enacting policies prohibiting transgender students from using bathrooms that align with their gender identity.

Transgender students have filed lawsuits across the country challenging their districts’ policies, contending they violate the 14th Amendment’s Equal Protection Clause and Title IX, the federal civil rights law prohibiting sex-based discrimination.

But the Supreme Court has shown a reluctance to wade into issues implicating transgender protections.

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