On September 28th, the Minnesota Court of Appeals ruled 2-1 that the state's largest school district, Anoka-Hennepin, must allow students to use restrooms and locker rooms on the basis of their gender identity rather than their biological sex. Last year the parents of a student identified as N.H. alleged that the school had discriminated against their daughter, who identifies as a male, by telling her not to use the main boys’ locker room. The school provided a separate locker room for her because she was not comfortable using the girls’ locker room.
Although the school made accommodations for N.H without compromising the privacy of other students, this was not enough. Unfortunately, the Appeals Court has determined that privacy for all students in locker rooms is discriminatory and that students should be required to share intimate spaces with members of the opposite sex.
Judge Matthew Johnson dissented with the court’s ruling, pointing out the obvious, that “the anatomical differences between transgender boys and cisgender boys are relevant for the obvious reason that they are visible when boys shower or change clothes in shared spaces.” Acknowledging that boys and girls are different and need different restroom/changing facilities should not be controversial, nor should a common-sense policy protecting the privacy of all students be viewed as “discrimination.”Adolescence is awkward and difficult without forcing students to shower and change in front of a member of the opposite sex. The court’s ruling disregards the privacy rights of Minnesota’s students.
Anoka-Hennepin spokesperson Jim Skelly noted that the federal government found the school district’s actions to be satisfactory and told the press that the school district is considering next steps, which could include an appeal, a settlement, or trial.
