Q&A Hero

Question

Bayport University (a publicly run university) has a stringent nondiscrimination policy that includes penalties for discrimination based on race, gender, religion, ethnic origin, or sexual orientation. In 2005 a group of students from the campus LGBT (lesbian, gay, bi-sexual, and transgendered) student association asked the university to add transgendered individuals to the list of groups protected from discrimination. The students sought such action because, as one member of the LGBT community put it, there is an "attitude of discrimination and prejudice regarding transgender issues," at the school, particularly within the administration. The university responded by arguing that, "Bayport is a safe and supportive place for people of all walks of life, regardless of their sexual orientation, race, religion, or gender." The dean of students was also quoted as saying that "no discrimination or harassment will be tolerated." Ultimately, the university did not add transgendered individuals to its list of protected groups.
The current case stems from a controversy that arose during the time the LGBT community was focused on changing university policy. Mary Weather, a biological female who identifies as male and has begun taking hormones as part of his gender transition, was on a waiting list for on-campus housing. The director of campus housing informed Weather that should student housing become available for him, it would be with a female roommate. At one point, Weather requested to live with a male friend, but the campus has a strict policy against opposite-sex living arrangements. The administration argued that the problem would simply "go away" because Weather was not guaranteed on-campus housing due to his high lottery number. However, Weather also allegeds that throughout his attempts to secure appropriate housing he was repeatedly treated disrespectfully by a several administrators and staff members, including the president, who informed him the university "has no interest in helping a transgendered student find housing."
Weather sued the university for its discriminatory practice but lost at trial. On appeal, however, the Ninth Circuit Court reversed the trial court, holding that, people from the LGBT community deserve the same protections as everyone else who attends a public university. Bayport appealed to the U.S. Supreme Court, asking it to add transgendered people to the class of citizens protected by the strict scrutiny test. If you were a justice on the U.S. Supreme Court and this case came before you, how would you rule?