The Supreme Court has decided to send a transgender bathroom case involving a student at a Virginia school back down to the lower courts.
This move was taken by the Court because of a new Trump administration guidance document withdrawing a directive issued during Barack Obama’s presidency which told schools to allow students to use the bathroom of their chosen gender, not their biological or birth gender.
The initial ruling allowed Gavin Grimm, a male who was born a female, to use the bathroom associated with his preferred gender.
The lower court originally deferred to the Obama administration guidance rule, but now that the new administration has created new rules, the Supreme Court has decided the lower court can revisit its decision.
Effectively, the Supreme Court tossed out the lower court’s original ruling allowing Grimm the use of the male bathrooms.
Grimm was barred from using the boy’s bathroom in 2014 after the Gloucester County School Board enacted a policy requiring all students to use the bathroom that corresponds with their gender assigned at birth.
According to The Hill, “The Fourth Circuit Court of Appeals sided with Grimm, who argued that the school board ‘impermissibly discriminated against him’ in violation of Title IX anti-discrimination laws and his constitutional right to equal protection under the law.”
The Fourth Circuit court said Obama’s guidance should be given deference because federal anti-discrimination laws are ambiguous when it comes to “sex.”
On Feb. 22, the Department of Justice and the Education Department sent a letter to the court rescinding that guidance, “in order to further and completely consider the legal issued involved,” because the Obama administration had failed to “explain how the position is consistent with the express language of Title IX.”
H/T: The Hill
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