The Maine Supreme Judicial Court reversed a lower court’s decision that banned a boy from using the girls’ bathroom in Orono schools. In a 5-1 decision, the justices said that Superior Court Justice William Anderson erred when he ruled in favor of what is now Riverside RSU 26.
“Our opinion must not be read to require schools to permit students casual access to any bathroom of their choice,” Justice Warren Silver wrote for the majority. “Decisions about how to address students’ legitimate gender identity issues are not to be taken lightly. Where, as here, it has been clearly established that a student’s psychological well-being and educational success depend upon being permitted to use the communal bathroom consistent with her gender identity, denying access to the appropriate bathroom constitutes sexual orientation discrimination in violation of the [Maine Human Rights Commission].”