The U.S. Supreme Court on Monday declined to take up a major transgender rights case, leaving in place a lower court’s ruling that a Virginia public school board acted unlawfully in preventing a transgender student from using a bathroom at his high school that corresponded with his gender identity.
The justices opted not to hear the Gloucester County School Board’s appeal of a 2020 ruling by the Richmond-based 4th U.S. Circuit Court of Appeals that transgender student Gavin Grimm is protected under the federal law that bars sex discrimination in education, known as Title IX, and 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 Supreme Court’s decision to reject the appeal represents a victory for Grimm, who sued the school board in 2015 after officials at a local public high school refused to allow him to use the boys’ restrooms. The Supreme Court previously took up the case in 2016 but did not issue a ruling and sent it back to lower courts.
“We won,” Grimm wrote on Twitter. “I have nothing more to say but thank you, thank you, thank you. Honored to have been part of this victory.”
The brief court order noted that conservative Justices Clarence Thomas and Samuel Alito would have taken up the case.
FILE – In this April 23, 2021, file photo members of the Supreme Court pose for a group photo at the Supreme Court in Washington. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. Before the Supreme Court this is week is an argument over whether public schools can discipline students over something they say off-
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