Supreme Court Declines to Hear Transgender Case
The Supreme Court declined to hear the Gloucester
County v. Gavin Grim case. Though the Court did not state why it did not
take up the case, Justices Clarence Thomas and Samuel A. Alito Jr. said they would
have accepted the case. This leaves intact the U.S. Court of Appeals for the 4th
Circuit’s decision in the case, which was in favor of the student Gavin Grimm.
In a 2-to-1 decision last August, the U.S. Court of Appeals
for the 4th Circuit ruled that the Gloucester County School Board had discriminated
on the basis of sex and violated the 14th Amendment by prohibiting Grimm from
using the bathroom that aligned with his gender identity. His high school offered
a single-stall restroom as an alternative.
The
Supreme Court once again side stepped a decision, which would have national implications,
regarding whether transgendered individuals can use bathrooms that align with their gender identity.
However, because certiorari was denied, schools in those states
covered by 4th Circuit rulings—Virginia, Maryland, West Virginia, North Carolina
and South Carolina—must allow students to use the bathroom that aligns with their gender identity.