On Monday, the Supreme Court sent trans student Gavin Grimm back to the appeals court, which previously heard Grimm challenge the Gloucester County School Board policy that required students use the restroom corresponding to their biological sex.
The order issued Monday says the decision was made 'in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017'.
It was not immediately clear what the high court's action would mean for an injunction that had been issued after the 4th Circuit ruled past year that Grimm could use the boys' restrooms at Gloucester County High School.
A lower court in Virginia will decide the case and determine whether the federal anti-discrimination law known as Title IX applies to gender identity and transgender students.
But last month, the Trump administration said it had withdrawn that guidance, leaving the law in doubt.
Through the Supreme Court isn't about to set a nationwide precedent for transgender rights, Warbelow pointed out that the lower court's decision will set a precedent for public schools within the 4th Circuit, which includes the Virginia, West Virginia, the Carolinas and Maryland.
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Congress doesn't declare "executive privilege" on behalf of the executive branch. Benjamin Cardin of Maryland days before the January 20 inauguration.
The Trump administration withdrew that guidance, which was issued by the Obama administration.
S. Kyle Duncan, the Gloucester County School Board's lawyer in the Supreme Court, declined to comment publicly pending his client's approval of a statement. Once it does, the case can be appealed back up to the Supreme Court. The board's policy blocks the teen, Gavin Grimm, from using the boys' bathroom. He asserts he should be able to use the bathroom of his gender identity under Title IX, which is a national law that protects students against sexual discrimination.
"The Supreme Court has missed an opportunity to end the painful discrimination now faced by tens of thousands of transgender students nationwide".
Bloomberg reports that the Obama administration's trans protections letter was a significant part of the appeals court ruling.
Chase also notes that Title IX protections are still in place in schools across the country, which means all students should have civil rights in the classroom.
"While we're disappointed that the Supreme Court will not be hearing Gavin's case this term, the overwhelming level of support shown for Gavin and trans people can not be ignored", Joshua Block, an ACLU attorney representing Mr.