The U.S. Supreme Court is making a big decision by not making one to begin with. The high court declined to hear an appeal regarding whether transgender students in an Indiana public school district can or cannot use bathrooms that align with their gender identity, a decision that could potential ramifications in New York.

Adam Rubinstein says that as the father of a transgender son, it makes him angry seeing states pass laws he says restricts transgender youth.

Among them are so-called "bathroom bills," in which transgender students are barred from using restrooms aligned with their gender identity.


What You Need To Know

  • The Supreme Court declined to hear an appeal from an Indiana public school district on their order disallowing transgender students from using the bathroom corresponding with their gender identity

  • These "bathroom bill" cases have seen circuit courts issue contradicting rulings

  • Law experts say this lack of decision will not slow any states that seek to pass these laws

“Not being able to use the bathroom of your gender identity, to not being able to play sports of your gender identity, to not even being able to get adequate treatment from medical professionals is just insane," Rubinstein said.

According to The Associated Press, at least nine states have enacted laws that restrict transgender students to using bathrooms that match the sex they were assigned at birth. The states argue these laws protect cisgender students.

Rubinstein, who founded the Dutchess County Pride Center, said the laws actually cause harm.

“The suicide attempt rate for transgender teenagers who do not have support at home or in the community is up to 40%," he said. "That is a staggering, staggering number. So these bills are not just about being anti-LGBTQ, they actually put lives at risk.”

Rubinstein said he felt excited to hear the latest on the Supreme Court's decision to not hear an appeal from an Indiana public school district. This comes after the 7th Circuit last August ruled the district violated students rights by restricting their access to restrooms associated with their gender identity.

This type of legislation and the ensuing court challenges are playing out in cases across the country. Without a clear standard whether these laws are legal or not, different courts have issued contradictory rulings.

“If there are states that have not passed these kind of bills, or have not undertaken these kind of restrictions, they will continue to do so because there's nothing about this decision that impacts them," said Cornell lecturer Lee Adler.

In the 7th Circuit opinion, the court said it assumed the Supreme Court would step in and settle the matter but so far, there has been silence from the justices.

Rubinstein works with trans youth at the pride center. He thinks they should be able to live without politicians trying to legislate their identity.

“They want to live their lives free of interference from government institutions that feel like they should be living in a different way," he said.

The Indiana schools superintendent has said that they are “deeply disappointed” by the Supreme Court’s decision, and added they will “consult closely with legal counsel to determine appropriate next steps that are both in compliance with the law and what is best for our students and community.”