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The Supreme Court on Monday vacated a lower court’s ruling in favor of a Virginia transgender student after the Trump administration withdrew the federal government’s guidance to public schools about the controversial bathroom policy.
The justices were scheduled to hear the case later this month. But after the federal government’s position changed, the court said the U.S. Court of Appeals for the 4th Circuit should reconsider the dispute between the Gloucester County school board and 17-year-old Gavin Grimm.
The 4th Circuit had relied on the federal government’s guidance that school should let transgender students use the bathroom that corresponds with the student’s gender identity.
The Trump administration withdrew that guidance, which was issued by the Obama administration.
Both the school board and Grimm’s attorneys had asked the Supreme Court to let the case proceed, saying it presented a reading of the civil rights law Title IX that the court ultimately will have to settle.
Grimm, whose birth gender was female, has become a celebrated figure in the transgender-rights community because of his lawsuit, with profiles in national media. His case was thought to be an important milestone on the issue.
While the Obama administration said anti-discrimination laws required allowing transgender students to use the bathroom of their choice, the Trump administration said it needs more time to study the issue and put forward its own view of the law.
- NYT: Supreme Court Won’t Hear Major Case on Transgender Rights.
- ScotusBlog: Justices send transgender bathroom case back to lower courts, no action on same-sex marriage cake case.
ScotusBlog has a full record of the case here: Gloucester County School Board v. G.G.