Joined by three other women’s groups, WoLF is urging the Supreme Court to hear the case Metropolitan School District Of Martinsville V. A.C.

On November 13, WoLF submitted an amicus brief to the U.S. Supreme Court in support of granting certiorari (agreeing to hear the case) to the case Metropolitan School District Of Martinsville V. A.C. The brief was submitted in partnership with multiple other women’s groups, urging SCOTUS to hear a school bathroom case and clarify that Title IX does not prohibit single-sex bathrooms and that the reasoning in Bostock does not apply to Title IX. If granted, the court would review a Seventh Circuit decision that allows students to use opposite-sex bathrooms based on their “gender identity.” 

Case Background

The case centers around “A.C.” a biological female who wants to use boy’s bathrooms in Martinsville School District, Indiana, because she “identifies” as a boy. The school district opposes this, but the District Court and Seventh Circuit ruled in favor of A.C. This decision required schools to designate bathrooms, locker rooms, and other similar facilities for use on the basis of gender identity rather than on the basis of sex.

The court found this ruling based on Title IX and the Equal Protection Clause of the U.S. Constitution, specifically by applying Bostock. However, the Seventh Circuit’s ruling conflicts with an opposite ruling in the Eleventh Circuit (Kasper v. School Board of St. Johns County) — creating a circuit split. 

At the current stage of the case, the school board has submitted a petition for certiorari asking the Supreme Court to agree to hear their case and resolve the circuit split. 

What is a writ of certiorari?

A writ of certiorari is a decision by the Supreme Court to hear an appeal from a lower court, essentially saying, "we choose to review this case."

What is a circuit split?

A circuit split happens when different federal appeals courts (circuits) disagree on how to interpret a law, creating inconsistency in legal decisions across the country.

What is an amicus brief? 

An amicus brief is a document submitted to a court by someone who is not directly involved in the case, offering information, expertise, or insight to help the court make its decision.

What was the Bostock decision?

The Bostock decision was a landmark 2020 ruling by the U.S. Supreme Court in the case of Bostock v. Clayton County, Georgia. In this decision, the Court ruled that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin, also protects employees against discrimination based on sexual orientation or gender identity. The case is often used to justify the elimination of women’s rights in other areas, such as Title IX. (read more).

Women’s Organizations Come Together for Joint Brief

WoLF joined three other women’s organizations to submit a joint amicus brief urging the Supreme Court to hear this case: Independent Women’s Forum, Concerned Women For America, and Women’s Declaration International USA. The organizations came together from across multiple different ideologies to support their common goal: protecting women and girls by preserving Title IX single-sex spaces. 

WoLF has written extensively to the public, the Department of Education, and to courts about the importance of preserving Title IX, including female-only facilities and educational opportunities such as sports. This brief pulls from these long-standing arguments against the destruction of Title IX and the overapplication of Bostock. As the brief states:

“When it comes to intimate facilities in schools, such as bathrooms and locker rooms, sex is relevant. One’s biological sex rarely affects workplace capacity or performance, but it directly affects the privacy and safety concerns of other students who must now share previously single-sex facilities—in which they change clothes, shower, and use the toilet—with members of the opposite sex.” (pg. 8)

The brief makes multiple other arguments, as well, including about the scope of the school board’s authority and the correct standard of review in such cases.

Read the Full Amicus Brief

Next Steps

It can take many months for SCOTUS to decide whether or not they will hear a case after a writ of certiorari is granted. Once granted, the case will proceed to the “merits” stage during which arguments will take place. There will be another opportunity for amicus briefs at this stage. 

Stay tuned for all the latest updates from WoLF!

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