The Supreme Court denied the petition for certiorari submitted by the plaintiffs in the case Parents for Privacy v. Barr, who argued that an Oregon school’s policy allowing trans-identified students to use bathrooms, locker rooms and showers that correspond with their gender identity as opposed to their biological sex violated students’ “fundamental right to bodily privacy” under the Due Process Clause of the 14th Amendment to the U.S. Constitution as well as Title IX of the Civil Rights Act of 1964.

Parents for Privacy v. Barr was one of several cases that the court declined to take up Monday. With the Supreme Court’s denial of certiorari, a previous ruling on the matter from the Ninth Circuit Court of Appeals remains in place. The Ninth Circuit ruling affirmed a lower court ruling that decided “there is no Fourteenth Amendment fundamental right to privacy to avoid all risk of intimate exposure to or by a transgender person who was assigned the opposite biological sex at birth.”

Parents for Privacy filed a lawsuit following the adoption of a Student Safety Plan by Dallas School District No. 2 based in Dallas, Oregon. As stated in the Ninth Circuit ruling, the Student Safety Plan was implemented “after a student who had been born and who remained biologically female publicly identified as a boy, and asked school officials to allow [her] to use the boys’ bathroom and locker room.”

The Student Safety Plan acknowledged the student as a “transgender male” and complied with the request to use boys’ bathrooms and locker room.

Before the implementation of the Student Safety Plan, the trans-identified student used a gender-neutral bathroom to change before gym class but asked to use the boys’ bathrooms and locker room, citing the gender-neutral restroom’s long distance away from the gym and fear of being noticed by other students.

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