Supreme Court Declines to Hear Transgender Bathroom Case

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On Monday, the Supreme Court declined to hear a case regarding a Virginia school board's policy on transgender students' bathroom use. In 2015, transgender student Gavin Grimm sued the Gloucester County school board after it banned Grimm from using the boys' restroom. The board attempted to appeal last year's ruling by the 4th U.S. Circuit Court of Appeals; the ruling said transgender students are protected under Title IX , which bans sex discrimination in education. The court did not give a reason for its rejection; Justices Clarence Thomas and Samuel A. Alito Jr. said they would have taken on the case. This comes after the Supreme Court last year expanded the definition of discrimination on the basis of "sex” in the workplace to include “gender identity" and "sexual orientation." Earlier this month, the Education Department also expanded the definition of the federal sex discrimination ban to include "gender identity," citing the Supreme Court's 2020 ruling.

The story received wide coverage across the spectrum. Left- and center-rated outlets tended to highlight quotes from Grimm and from the American Civil Liberties Union (ACLU), who represented Grimm. Some right-rated outlets also highlighted the Supreme Court's 2020 ruling and the Education Department's announcement, placing it in the context of the ongoing debate surrounding transgender athletes in women's sports. 

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The Supreme Court on Monday rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban.

Over two dissenting votes, the justices left in place lower court rulings that found the policy unconstitutional. The case involved former high school student Gavin Grimm, who filed a federal lawsuit after he was told he could not use the boys bathroom at his public high school. Justices Samuel Alito and Clarence Thomas voted to hear the board’s appeal.

The Supreme Court declined to hear a legal battle over the rights of transgender students on Monday, handing a victory to Gavin Grimm over the Virginia school board that denied him the right to use the boys’ restroom.

As is its custom, the court did not say why it was rejecting the appeal of the Gloucester County school district. Justices Clarence Thomas and Samuel A. Alito Jr. said they would have accepted the case.