The statement characterized the appellate decision as “correct and consistent with the decisions of other courts, which similarly have held that transgender students have the right to equal educational opportunities.”

Decisions vary

Stadler, however, noted “a whole host of district court decisions” that have landed on different sides of the issues.

“This is a classic example of the need for the Supreme Court to make a decision,” Stadler said.

Whether the petition for review is accepted by the high court won’t be known for a few months. Stadler said if it isn’t, Unified will continue its defense against Whitaker’s lawsuit before Peppers.

“From a practical standpoint, it makes sense for the Supreme Court to decide the case now and not send it back to the district court,” Stadler said. “They can kill the lawsuit. On the other hand, they can deny the petition, and the case goes on.”

Harm to others

In appealing Peppers’ September 2016 injunction, Unified argued it would harm other students, particularly boys, who use the restrooms, and that harm outweighed any harm to Whitaker.