High court vacates pro-transgender ruling

The Washington Post via Getty Images

The case, which the justices in November had agreed to hear, would have been the Supreme Court's first case on discrimination against transgender people.

Grimm and his mother notified administrators of his male gender identity at the beginning of his sophomore year in high school and received permission from school administrators to use the boys' restroom for nearly two months without any incident, the ACLU says, which is representing Grimm in court.

The original case was brought against the Gloucester County school board by Gavin Grimm, a public-school student and transgender boy who wants to be permitted to use the boys' restroom at school.

The court was previously scheduled to hear arguments in the case later this month. Its earlier ruling had been based on the Obama administration's interpretation, now reversed by Trump, that Title IX protects transgender students.

Last May, after North Carolina Governor Pat McCrory signed House Bill 2 (a law reserving non-single-stall restrooms on the basis of biological sex), the Department of Justice (DOJ) said the law institutionalized discrimination on the basis of sex in public schools. That victory, however, was temporarily on hold while the Supreme Court acted on the case in an appeal by the school board. The lower court will now reassess the case by directly considering what's required by Title IX, the 1972 law that bars discrimination in schools. While he was briefly allowed to use the boys' bathroom, he is now using the nurse's.




Grimm, who found out about the decision while he was in class, was also on the call and said that students like him are in limbo because of the Supreme Court's decision.

Attorney General Jeff Sessions asserted that the Obama administration guidance had been a federal overreach because "Congress, state legislatures, and local governments are in a position to adopt appropriate policies or laws addressing this issue". "We're disappointed SCOTUS isn't hearing Gavin's case this term, but support for Gavin shows rights of trans people can't be ignored", tweeted the ACLU, which filed a lawsuit against the Gloucester County school board on Grimm's behalf.

Grimm asked for an injunction on the policy, but that was denied by a district court.

Soon after the Supreme Court announced its decision, many people shared their disappointment on Twitter and social media. "The 4th Circuit should affirm the plain meeting of Title IX".

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