He initially came out in favor of allowing transgender people to use the bathroom corresponding to their gender identity rather than the gender assigned to them at birth, but he has since said he supports North Carolina's law barring them from doing so. .
If confirmed, Gorsuch will likely rule on a case involving Gavin Grimm, a transgender teenager whose fight against his Virginia high school's bathroom policy exemplifies the nationwide "bathroom bill" debate over whether trans people can use the bathrooms corresponding to the gender they identify with or must use bathrooms that correspond to the gender shown on their birth certificates.
Four days later, President Obama issued a directive to public schools to allow students to use the rest room corresponding to their gender identity.
The law signed by Governor Pat McCrory banned anti-discrimination protections based on sexual orientation and required that, in public buildings and schools, transgender people use bathrooms corresponding to their gender as assigned at birth.
If the Supreme Court finds the agency's letters insufficient, that would leave the Justices to declare now what "on the basis of sex" means, which is really the best shot that transgender students have of securing a federal legal right to access bathrooms corresponding to their gender identity, perhaps for the foreseeable future.
Voters who believe that a hazard is presented by, for example, a transgender eighth grader using the bathroom corresponding to her gender identity will be satisfied by the new policy, which states that local districts will now be at liberty to make their own policies regarding who gets to go to the bathroom where.
The laws – allowing individuals and institutions to deny services on religious grounds in Mississippi and, in North Carolina, a ban on anti-discrimination protections based on sexual orientation and a requirement that, in public buildings and schools, transgender people use bathrooms corresponding to their gender as assigned at birth – produced a rapid response.
The majority of patients were female, corresponding to the gender that most frequently sustains this fracture.
The law also requires transgender people to use restrooms corresponding to the gender they were assigned at birth.
