The high court on Wednesday (3 August) voted 5-3 to grant a temporary stay while it considers reviewing an April ruling from the US Court of Appeals for the Fourth Circuit.
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“Today’s Supreme Court order is deeply disappointing and subjects Gavin Grimm and students like him to unsafe and discriminatory conditions as they begin returning to school in the coming weeks”, said HRC Legal Director Sarah Warbelow.
The school board welcomed the court ruling.
Grimm, 17, had used the communal restrooms at his school for almost two months without incident until the board – responding to complaints from some parents and local residents – adopted a policy in 2014 requiring transgender students to use a private facility, according to the complaint. “We are confident that ultimately the Supreme Court will rule in favor of these common sense policies and help transgender students feel comfortable and safe so that they can excel academically in school”, he continued. As a result, albeit temporarily, the school board is within its rights to relegate Grimm to using either the nurse’s bathroom or a series of single-sex restrooms that used to be broom closets. In May, the Fourth Circuit Court of Appeals rejected a request by the Gloucester County School Board to rehear Grimm’s lawsuit “en banc” before the full court.
Well, the Supreme Court made a decision to hit the brakes on that front.
The US. District Court for the Eastern District of Virginia had initially denied Gavin’s request for a preliminary injunction and dismissed his Title IX claim.
Seventeen-year-old Grimm sued the school board, which led to the U.S. Court of Appeals for the Fourth Circuit in Richmond, Va. ruling against the policy, with a trial judge ordering school officials to allow the student to use boy’s facilities.
In directing schools nationwide to open their showers, bathrooms, and locker rooms to students of the opposite biological sex, the Obama administration cited the Gloucester case. If they do, it would mark the high court’s first foray into the issue of transgender rights. “In light of the facts that four justices have voted to grant the application referred to the court by the Chief Justice, that we are now on recess and that granting the stay will preserve the status quo”, he wrote, “I voted to grant the application as a courtesy”.
“The order comes as something of a surprise given the current composition of the court”, said Steve Vladeck, CNN contributor and professor of law at the University of Texas School of Law.
But after an unsuccessful bid to block the order, the school district asked the Supreme Court to intervene in an emergency fashion while it sought a more formal appeal ― a process that could take months. “But given that Justice Breyer’s vote was only a courtesy, it’s hard to see the court being able to settle this matter until a ninth justice is appointed”, Vladeck said.
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He said that policies on restroom use are “a local issue”.
