The courtroom of the U.S. Supreme Court.
Jonathan Ernst / Reuters
WASHINGTON — The Supreme Court put an order allowing a transgender student to use school restrooms in accordance with his gender identity on hold while the high court decides whether it will take the case.
The Supreme Court's action means that, if the stay remains in effect when the student, Gavin Grimm, returns to school in the fall, he will not be allowed to use the male restroom in his school.
The stay of the injunction in the student's challenge to the Gloucester County School Board's policy was granted on a 5-3 vote, with Justice Stephen Breyer joining his more conservative colleagues in granting the stay.
The 4th Circuit Court of Appeals ruled earlier this year that the Obama administration's interpretation of regulations implementing Title IX of the Education Amendments of 1972 as providing protections for transgender students is a permissible interpretation. After that ruling, the trial court judge in the case issued an injunction prohibiting the school board from implementing its policy limiting restroom use to students' "biological sex."
The board had passed the policy in 2014, essentially targeting Grimm, who is the only out transgender student in the district.
Breyer wrote that he joined in granting the stay because four other justices were voting to grant the stay and "granting a stay will preserve the status quo (as of the time the Court of Appeals made its decision)."
The court notes that the stay will remain in effect until the decides whether to grant the school board's forthcoming certiorari petition asking the Supreme Court to review the lower court's decision.
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