U.S. Supreme Court Sends Transgender Bathroom Case Back to Lower Court
By David G. Savage
The Supreme Court announced Monday that it will put off a ruling on the rights of transgender students.
Instead, the justices asked an appeals court in Virginia to reconsider the case of Gavin Grimm, a transgender boy who was denied the right to use the boys' restroom in his high school.
Lawyers for the Obama administration had weighed in on his behalf and said transgender students had a right to be treated based on their "gender identity," not their gender at birth.
Based on that guidance, the 4th Circuit Court of Appeals had ruled in favor of the student.
But last month, the Trump administration said it had withdrawn that guidance, leaving the law in doubt.
In a brief order issued Monday in the case of Gloucester County v. G.G., the court said the lower court's decision is "vacated and the case is remanded to the U.S. Court of Appeals for the 4th Circuit for further consideration in light of the guidance document" issued by the new administration.
The action will put off indefinitely a final ruling from the high court on the rights of transgender students.
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