Supreme Court allows ruling to stand that gives trans students the right to use restrooms corresponding to their "gender identity"
· Jun 28, 2021 ·

The Supreme Court declined to hear a case on Monday that would protect the rights of schools to require students to use restrooms and other facilities that correspond to their biological sex.

The appeals case came from the Gloucester County school board in Virginia, which had been sued by a female student who identifies as male in 2015. The student said she felt stigmatized and isolated by being required to use a single-stall restroom.

The Obama administration's 2016 change to Title IX that required public schools to give transgender students access to facilities that are "consistent with their gender identity" further complicated the case. Ultimately, the 4th U.S. Circuit Court of Appeals ruled in favor of the student, who is now named Gavin Grimm, saying it was unconstitutional for the district to ban students from using the restroom they prefer.

The school board's appeal was set to appear before the Supreme Court in 2017, but the argument was canceled after former President Donald Trump reversed the Obama-era directive.

After the Supreme Court declined to hear the case on Monday, the ACLU senior staff attorney representing Grimm celebrated the news.

"This is an incredible victory for Gavin and for transgender students around the country," said ACLU counsel Josh Block.

Justices Clarence Thomas and Samuel Alito were the only members of the Court that voted to hear the case.

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