Justices Temporarily Halt Transgender Bathroom Mandate

August 4, 2016Articles

On Wednesday, the U.S. Supreme Court stayed a Fourth Circuit ruling requiring schools to allow transgender students to use the bathroom that fits their gender identity, while a Virginia school board petitions the high court to consider its appeal of the Title IX decision.

As a result of the U.S. Supreme Court ruling, a Virginia school board may temporarily block a student who was born a girl from using the boys' bathroom while a legal fight over transgender rights proceeds on appeal.

In its order, the U.S. Supreme Court put on hold an order from a lower court that had permitted the high school student to use the bathroom of his choice. The order is not a final ruling.

Recall that Gavin Grimm, a 17 year old student, challenged a Virginia school board’s bathroom policy, which requires transgender students to use alternative restroom facilities. The Fourth Circuit Court also ruled in his favor. For a prior article on this issue, click here.

Should you have any questions on this issue or any issues, please contact a member of Dinsmore & Shohl's Education Law Practice Group.