The Supreme Court is upholding a ruling that said transgender students can use the bathroom that matches their gender identity in schools.
This means that a student born male, who now identifies as female, can use the girl’s bathroom at school and vice versa.
With the ruling the high court rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban.
Over two dissenting votes, the justices left in place lower court rulings that found the policy unconstitutional. The case involved former high school student Gavin Grimm, who filed a federal lawsuit after he was told he could not use the boys bathroom at his public high school. Justices Samuel Alito and Clarence Thomas voted to hear the board’s appeal.
Gavin Grimm, who was born female but identifies as male, spearheaded the years-long legal battle against the school board in Gloucester County, Virginia.
In the beginning, the principal gave him permission to use the boys’ bathroom, but the school board said restrooms were “limited to the corresponding biological genders.”
The Supreme Court has rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban. Two justices dissented, but the court decided not to hear the case. That leaves in place lower court rulings that found the policy unconstitutional.https://t.co/BIPA1WQDxx
— The Associated Press (@AP) June 28, 2021
The high court refused to hear an appeal to a lower court ruling that said treating transgender students differently violates Title IX, a federal law that bans sex discrimination in schools.
The Supreme Court’s action leaves Grimm’s lower court victories intact.
In its petition asking the Supreme Court to hear the case, the school board argued that its bathroom policy poses a “pressing federal question of national importance.”
The American Civil Liberties Union, which represented Grimm in his years-long lawsuit against Gloucester, argued that federal law makes it clear transgender students are protected from discrimination.