Flushing the Circuit Split: The Title IX and Equal Protection Implications of Gender-Affirming Bathroom Bans

On August 1, 2023, in M.C. ex rel. A.C. v. Metropolitan School District, the U.S. Court of Appeals for the Seventh Circuit held that public school policies barring transgender students from gender-affirming bathrooms violate both the Equal Protection Clause and Title IX. In doing so, the court further entrenched an existing circuit split by aligning with the Fourth Circuit in favor of transgender students’ rights and rejecting the Eleventh Circuit’s stance that such policies are constitutionally permissible. This Comment argues that, as held by the Seventh and Fourth Circuits, policies barring transgender students from accessing gender-affirming bathrooms violate the Equal Protection Clause and Title IX by discriminating based on gender identity.