If the Supreme Court decides not to take up the full case, the stay on the lower court’s decision will terminate, the order said.
Advertisement
Student Gavin Grimm, who was barred from using the boys’ bathroom at his local high school in Gloucester County, Virginia, U.S.is seen in an undated photo. The school board intends to file a request to the Supreme Court asking the Court to review the merits of the case and to reverse the federal court decision.
The school board in coastal Gloucester County, about 140 miles (225 km) south of Washington, D.C., welcomed the decision.
BuzzFeed reports that unfortunately for Grim, this stay means that come September, he will not be allowed to use the male restroom until a final decision is made on the case.
Justice Stephen Breyer wrote in favor of blocking the injunction since it “will preserve the status quo” at the high school until the court decides whether to take on the case.
While the White House explained that the move is aimed at battling discrimination against transgender students, several states said that they would be suing the Obama administration over the issue. If the Justices grant review, the district court’s order would remain on hold until the court can hear oral arguments and issue its opinion.
The ruling is a victory for the school board and a loss – for now – for Gavin Grimm, the student who won at the lower court level. Instead, it is weighing whether excluding transgender kids from certain restrooms amounts to sex discrimination under Title IX of the Educational Amendments Act of 1972.
The more liberal justices on the Supreme Court – U.S. Associate Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan – would have denied the application, the order says. But he said he remains hopeful that Grimm will ultimately prevail in the case.
‘It was crushing… it was very, very disappointing, ‘ Grimm, who is the only student to use a private bathroom at the school, told Wavy-TV of the decision.
Advertisement
The US Supreme Court has temporarily overturned a ruling that allowed a transgender high school student to use the toilet of his choice. The court reinstated Grimm’s Title IX claim and sent it back to the district court for further consideration. 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. And they argued the Supreme Court should forbid federal executive agencies, including the Education Department, from issuing significantly new interpretations of old regulations.
