The Supreme Court declined to hear a case concerning a transgender student’s right to use whatever bathroom their mental illness dictated.
The Supreme Court on Monday handed a transgender student a victory when they refused to hear an appeal in a long-running legal battle over a bathroom dispute.
Gavin Grimm was born a female but identified as male after freshman year of high school, legally changed her name and began hormone therapy.
At first the principal at a Gloucester County, Virginia high school allowed Grimm to use the boys bathroom but the school board eventually adopted a policy asserting bathrooms were “limited to the corresponding biological genders.”
The Supreme Court’s refusal to hear the appeal means Grimm’s victory in the lower court remains in place.
The order from the Supreme Court was unsigned, however justices Alito and Thomas said they would have taken up the appeal.
As is its custom, the court did not say why it was rejecting the appeal of the Gloucester County school district. Justices Clarence Thomas and Samuel A. Alito Jr. said they would have accepted the case. The court’s decision not to take up the case does not establish a national precedent.
In a 2-to-1 decision last August, the U.S. Court of Appeals for the 4th Circuit said the school board had practiced sex-based discrimination and violated the 14th Amendment by prohibiting Grimm, a transgender student, from using the bathroom that aligned with his gender identity. His high school offered a single-stall restroom as an alternative.
Gavin Grimm, now 22, celebrated the victory.
The Supreme Court declined Monday to hear a legal battle over the rights of transgender students, handing a victory to transgender student Gavin Grimm over the Virginia school board that denied him the right to use the boys’ restroom.
The move came in an unsigned order, with two of the court’s more conservative justices, Clarence Thomas and Samuel Alito, indicating they would’ve picked up the case, according to The Washington Post.
The court did not say why it did not pick up the case. The case was an appeal by the Gloucester County Virginia school board, which Grimm had sued in 2015.
In a two-to-one decision last August, the U.S. Court of Appeals for the 4th Circuit ruled against the school board, saying it had practiced sex-based discrimination, which had violated the 14th Amendment by prohibiting Grimm from using the bathroom that aligned with his chosen gender. The school board appealed to the Supreme Court but was denied.
“At the heart of this appeal is whether equal protection and Title IX can protect transgender students from school bathroom policies that prohibit them from affirming their gender,” Judge Henry F. Floyd said in the majority opinion. “We join a growing consensus of courts in holding that the answer is resoundingly yes.”