The Supreme Court has asked a lower court to reconsider its previous ruling in a favor of a transgender student who sought to use the boys’ bathroom at his Virginia school.
The case, involving seventeen-year-old Gavin Grimm and the Gloucester County school board, is being watched closely in North Carolina, because a ruling would have a direct bearing on portions of House Bill 2
that require people to use public restrooms corresponding to their birth certificates.
The Supreme Court was set to hear oral arguments in the Virginia case later this month, but on Monday the curt decided to vacate a prior ruling by the Fourth Circuit Court of Appeals that the Gloucester County school board had violated federal Title IX anti-discrimination rules by not letting Grimm, who was born female, use the boys’ restroom.
Now the lower court will have to reconsider the case in light of the Trump administration’s
interpretation of Title IX. (The delay also means that President Trump’s appointment will likely be on the bench before the case returns to the Supreme Court.)
Last month, the education and justice departments reversed guidance from the Obama administration that Title IX protections against discrimination based on sex extend to gender identity, giving transgender students the rights to use bathrooms corresponding to their gender identities.
“The guidance issued by the previous administration has given rise to several legal questions,” education secretary Betsy DeVos said in a statement announcing the reversal.…