Whether a public school has a compelling interest in authorizing students who believe themselves to be members of the opposite sex to use locker rooms and restrooms reserved exclusively for the opposite sex, and whether such a policy is narrowly tailored

QUESTIONS PRESENTED Boyertown Area School District by policy authorizes some transgender students to use high school locker rooms and restrooms that match their subjective gender identity rather than their objective sex, as a means of affirming their beliefs about their gender and promoting tolerance. The policy forces students using those facilities to be seen by the opposite sex when they are partially or fully undressed, or to forgo using the facilities altogether. The Third Circuit correctly held that students have a constitutional right not to be seen undressed by the opposite sex but nonetheless upheld the policy, concluding it satisfied strict scrutiny. This petition presents two questions: 1. Given students’ constitutionally protected privacy interest in their partially clothed bodies, whether a public school has a compelling interest in authorizing students who believe themselves to be members of the opposite sex to use locker rooms and restrooms reserved exclusively for the opposite sex, and whether such a policy is narrowly tailored. 2. Whether the Boyertown policy constructively denies access to locker room and restroom facilities under Title IX “on the basis of sex.” 20 U.S.C. 1681.