Follow Us

Supreme Court won't hear transgender school bathroom case

The court essentially handed a victory to a Virginia student who was denied the right to use the boys' bathroom.

Published: June 28, 2021 10:08am

Updated: June 28, 2021 12:00pm

The Supreme Court declined Monday to hear a legal battle over the rights of transgender students, handing a victory to transgender student Gavin Grimm over the Virginia school board that denied him the right to use the boys’ restroom.

The move came in an unsigned order, with two of the court's more conservative justices, Clarence Thomas and Samuel Alito, indicating they would've picked up the case, according to The Washington Post.

The court did not say why it did not pick up the case. The case was an appeal by the Gloucester County Virginia school board, which Grimm had sued in 2015.

In a two-to-one decision last August, the U.S. Court of Appeals for the 4th Circuit ruled against the school board, saying it had practiced sex-based discrimination, which had violated the 14th Amendment by prohibiting Grimm from using the bathroom that aligned with his chosen gender. The school board appealed to the Supreme Court but was denied.

"At the heart of this appeal is whether equal protection and Title IX can protect transgender students from school bathroom policies that prohibit them from affirming their gender," Judge Henry F. Floyd said in the majority opinion. "We join a growing consensus of courts in holding that the answer is resoundingly yes."

The Facts Inside Our Reporter's Notebook

Just the News Spotlight

Support Just the News