Supreme Court Transgender Bathroom Case

A police officer walks in front of the United States Supreme Court Building in Washington, D.C., May 13, 2021. (Andrew Kelly/Reuters)

The Supreme Court on Monday declined to take up a case over a Virginia school board’s policy on transgender bathroom use, leaving in place a lower court’s ruling that the school unconstitutionally discriminated against a biologically female student who was denied access to the boy’s bathroom.

The justices chose not to hear the Gloucester County School Board’s appeal of a 2020 ruling by the 4th U.S. Circuit Court of Appeals that said transgender student Gavin Grimm is protected under Title IX, the federal law that bars sex discrimination in education, as well as the U.S. Constitution’s requirement that people be treated equally under the law.

The 4th Circuit ruling does not set a national legal precedent.

The Court’s decision marks a victory for Grimm, who first sued the school board in 2015 after being prohibited from using the boys’ restrooms. In 2016, the high court took up the case but ultimately did not issue a ruling and sent it back to lower courts.

“We won,” Grimm wrote in a tweet on Monday. “I have nothing more to say but thank you, thank you, thank you. Honored to have been part of this victory.”

The court order said that Justices Clarence Thomas and Samuel Alito would have taken up the case.

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