When Drew Adams walked into Nease High School one fall day and was told that he could no longer use the boy’s restroom at school, he could never have known that years down the road his case would be so important to so many others. In the past decade, there has been a heated debate over transgender rights broadly, and specifically whether it was permissible to ban transgender persons from using the bathroom corresponding to their gender identity.
The landscape changed in June 2020 with the U.S. Supreme Court’s decision in Bostock v. Clayton County. In Bostock, the Court expanded protections for transgender persons under Title VII and reignited the conversation over the legal scope of transgender rights.
With the case of Drew Adams before them, the United States Court of Appeals for the Eleventh Circuit had one of the first opportunities to interpret both Title IX and the Equal Protection Clause through the lens of Bostock, and the court’s decision to affirm Mr. Adams’s claims on both fronts will frame the debate for months and years to come.
Ben T. Tuten, Casenote, After Bostock: 11th Circuit Extends Landmark Case and Strikes Down School’s Transgender Bathroom Policy Under Title IX and the Equal Protection Clause, 72 Mercer L. Rev. 709 (2021).