The U.S. Supreme Court on Wednesday effectively blocked a transgender student from Virginia from using school bathrooms matching his gender identity while his court case is appealed.
The Court was responding to request from a Virginia school board to stay a lower court’s ruling which found its transgender bathroom ban to be discriminatory and illegal.
News of the action was first reported on Twitter.
#SCOTUS steps into bathroom dispute, blocks district court order allowing transgender student to use boys' bathroom
— Amy Howe (@AHoweBlogger) August 3, 2016
Breyer provides "courtesy fifth" vote in transgender dispute; Ginsburg, Sotomayor, & Kagan would have denied school board's request
— Amy Howe (@AHoweBlogger) August 3, 2016
The stay of the lower court’s ruling is temporary while the Supreme Court decides if it will take up the case.
The justices split, 5-3, on the issue, with Democratic-appointed Justice Stephen Breyer joining with the court’s four GOP appointees to lift—for now—the obligation of the Gloucester County school system to allow student Gavin Grimm to use the bathroom of his choice in accordance with Obama Administration guidance.
Here’s the order.
#BreakingNews – #SCOTUS puts transgender bathroom decision on HOLD. Until court decides if it will take the case. pic.twitter.com/lUKDhRw8Vn
— Mike Valerio (@ValerioCNN) August 3, 2016
The case in question is centered on transgender teen Gavin Grimm, who sued the Gloucester County school board for the right to use school bathrooms and facilities that match his gender identity. The 4th Circuit ruled in favor of Grimm in April, declaring that denying Grimm the right to use the boys’ bathroom violates Title IX of the Education Act of 1972. Title IX bans discrimination based on sex.
The 4th Circuit’s ruling is being closely watched given that it has jurisdiction over North Carolina, which this year passed HB 2, a bill that made it illegal for transgender people to use bathrooms matching their gender identity.
This is the first time the Supreme Court has weighed in on the transgender bathroom war.
