Supreme Court sends transgender bathroom case back to lower court News
Supreme Court sends transgender bathroom case back to lower court

[JURIST] The US Supreme Court [official website] on Monday vacated [order, PDF] a lower court ruling in a case concerning transgender restroom policies following a move by the Trump administration to rescind guidelines that school districts should allow students to use the bathroom of their choice. The court had previously set arguments in the case for March 28 but has now asked the lower court to reconsider their ruling given the administration’s revocation of guidelines [JURIST report] from the US Departments of Justice (DOJ) and Education (DOE) [official websites] that required federally funded schools to treat gender identity as a student’s sex for purposes of Title IX [DOE materials]. The case, Gloucester County School Board v. G.G. [SCOTUSblog materials], now returns to the US Court of Appeals for the Fourth Circuit for consideration in light of the new guidance.

The Fourth Circuit had previously ruled in favor of the student [JURIST report], Gavin Grimm, last April, giving deference to the 2015 DOE memo. The Supreme Court blocked that ruling in August and then agreed in October to take up the case [JURIST reports].