A federal appeals court on Thursday
denied an Ohio school district's request to set aside a lower court's
ruling in favor of a transgender female student.
The Sixth Circuit Court of Appeals
refused Highland Local School District's request to halt enforcement
of the ruling ordering the school to allow the student to use the
At issue is the federal government's
assertion that Title IX's ban on sex discrimination extends to
The request was considered by a
“[T]he record establishes that Doe,
a vulnerable eleven year old with special needs, will suffer
irreparable harm if prohibited from using the girls’ restroom,”
ruling states. “The district court issued the injunction to
protect Doe’s constitutional and civil rights, a purpose that is
always in the public interest. … Thus, a stay is improper in this
Judge Jeff Sutton disagreed with the
majority opinion, noting that the Supreme Court over the summer
issued a stay in a case involving a transgender male student.
“The Supreme Court presumably will
resolve the Title IX issue in 2017,” Sutton wrote in his dissent.
“In the meantime, the Court has indicated that we should wait for
further instructions before granting relief on these sorts of