Last week, the Sixth Circuit Court of Appeals declared that the Constitution of the United States required schools to allow boys who believe they are girls to use the girls’ restrooms. This would come as a shock to the people who wrote the Constitution, but so is most leftist jurisprudence these days.
The case follows on a US District Court ruling in Ohio from September in which the court issued an order to Highland Local School District to open its girls’ bathrooms to boys who believe they are girls. That court wrote, “The court orders School District officials to treat Jane Doe as the girl she is, including referring to her by female pronouns and her female name and allowing her to use the girls’ restroom at Highland Elementary School.” The judge, as Daniel Horowitz of Conservative Review notes, invoked the 14th Amendment, stating, “[A]s a tiny minority of the population, whose members are stigmatized for their gender non-conformity in a variety of settings, transgender people are a politically powerless minority group.”
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