The Supreme Court declined Monday to take up an appeal from parents in Oregon who want to prevent transgender students from using locker rooms and bathrooms of the gender with which they identify, rather than their sex assigned at birth.
Sex is not “assigned” at birth. It is observed and recorded.
Parents sued over the policy in 2017, saying it caused embarrassment and stress.
A lower court refused to block the policy and the 9th U.S. Circuit Court of Appeals affirmed that ruling, writing that the school district did not violate students’ constitutional rights or a law that protects people from discrimination based on sex in education programs.
There is no constitutional protection against embarrassment or stress. I’m with the Supreme Court. I don’t see a constitutional issue here.