High court blocks ruling letting transgender student use boys bathroom

High court blocks ruling letting transgender student use boys bathroom
© Greg Nash

The Supreme Court on Wednesday stopped a court order that would have allowed a transgender student in Virginia to use the boys bathroom when he returns to school in the fall.

The justices granted a request from the Gloucester County School Board to temporarily block the U.S. Court of Appeals for the Fourth Circuit's ruling, which found that the student had been discriminated against and required the school to let him use the bathroom of his choice.

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The case centers on G.G., a 17-year-old boy who was born female, who was barred from using the boys' bathroom after the school board enacted a policy in December 2014 requiring students to use the bathroom that corresponds with their biological gender.

The shorthanded court ruled 5-3 to temporarily stay the appellate court ruling. Democratic-appointed Justice Stephen Breyer sided with the court’s four Republican appointees.

“In light of the facts that four Justices have voted to grant the application referred to the Court by the Chief Justice, that we are currently in recess, and that granting a stay will preserve the status quo (as of the time the Court of Appeals made its decision) until the Court considers the forthcoming petition for certiorari, I vote to grant the application as a courtesy,” he wrote.

Democratic-appointed Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan dissented from the court’s majority.