On May 28, 2019, the US Supreme Court declined to hear an appeal from the U.S. 3rd Circuit Court of Appeals ruling in favor of a Boyertown Area School District  policy that allows transgender students to use bathrooms that align with their gender identity. The Supreme Court’s decision thus leaves standing the 3rd Circuit Appeals Court unanimous 2018 ruling. The policy also provides private bathrooms and locker rooms to those students who report being uncomfortable sharing a bathroom with transgender or cisgender students.

The original plaintiff in the suit was the conservative Christian group, Alliance Defending Freedom, which argued that transgender bathroom use violates a “right to privacy.” However, the fact that the Boyertown ASD policy accommodates “uncomfortable” students with private bathroom accessibility without denying transgender students’ rights significantly undercuts such a privacy argument.

Noted attorney Michael I. Levin from Huntington Valley, PA handled the school district’s defense.

It is important to note that the Boyertown Supreme Court decision has no bearing on other cases  involving the interpretation of federal anti-discrimination laws in this area, which became a bone of contention when the Trump administration reversed an Obama administration interpretation of the Title IX educational equity law as protecting transgender students.