In recent years, a number of state legislatures considered bills that would restrict access to multiuser restrooms, locker rooms, and other sex-segregated facilities (bathroom bills) on the basis of a definition of sex or gender consistent with sex assigned at birth—also known as biological sex. In nearly every state the proposed legislation was not passed and did not become law.

A recent ruling from the United States Court of Appeals for the Third Circuit (in Philadelphia) allowed transgender students to use bathrooms and locker rooms that are consistent with the students' gender identities, as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they were determined to have at birth (cisgender)—alleged that the school’s bathroom and locker room policy violated their constitutional rights of bodily privacy, as well as Title IX, and Pennsylvania tort law.

The Third Circuit Court of Appeals determined that the presence of transgender students in the locker and restrooms is no more offensive to Constitutional or Pennsylvania privacy law interests than the presence of the other students who are not transgender, and that their presence does not infringe on the plaintiffs' rights under Title IX. This ruling from the Third Circuit Court of Appeals is the law in a limited geographic area, as the United States Supreme Court declined to hear the case.

In Virginia, there has been consideration of 'bathroom bills' that would restrict access to multiuser restrooms and other sex-segregated facilities based on biological sex at birth, but such legislation has not been passed into law. The state's approach to this issue is influenced by federal law and court rulings. A notable decision by the United States Court of Appeals for the Third Circuit, which does not directly govern Virginia as it falls under the Fourth Circuit, upheld the rights of transgender students to use facilities consistent with their gender identity. This ruling found that the presence of transgender students does not violate the constitutional rights of privacy or Title IX protections of cisgender students. Although the Supreme Court declined to review this case, the decision contributes to the legal landscape regarding the rights of transgender individuals in educational settings. Virginia must adhere to federal law and relevant court decisions within its own circuit, which may or may not align with the Third Circuit's ruling.