The U.S. Supreme Court has temporarily blocked a court order requiring the Gloucester County School District to allow a transgender student to use the bathroom of his choice.
Gavin Grimm, 17, was born female but identifies as male. He sought to begin using the boys bathroom at Gloucester High School, though district policy requires trans students to use separate facilities.
The student and the American Civil Liberties Union brought a suit against the schools, claiming the district policy violates the Constitution’s equal protection clause and U.S. Department of Education Title IX guidance, which advises that trans students in public schools should be allowed to use the bathroom consistent with their gender identity.
The U.S. Court of Appeals for the Fourth Circuit ruled for Grimm, finding that the district must defer to Department of Education guidelines.
Gloucester County Schools appealed to the U.S. Supreme Court, asking for a temporary injunction pending its submission of a writ of certiorari, a petition asking the Supreme Court to hear the case.
Justice Stephen Breyer joined with Chief Justice John Roberts and Justices Kennedy, Thomas, and Alito in voting to grant the injunction. The Court’s orderindicates that Breyer joined the majority as a courtesy because the Court is currently in recess and because the order will preserve the status quo as of the Fourth Circuit’s decision.
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