LGBT

Supreme Court Won’t Hear Transgender Rights Case, Yet

Written by SK Ashby

The Supreme Court was scheduled to review a transgender rights case originally filed in Virginia against the Gloucester County School Board which prohibited transgender students from using a bathroom that corresponds with the gender they identify as, but then the Trump regime made a move.

The Trump miseducation and injustice departments withdrew federal guidance stating that transgender rights are protected under Title IX of the Civil Rights Act.

Federal courts could still rule that transgender rights are protected, but the Supreme Court has remanded the case back to the 4th Circuit Court and instructed them to review the case without federal guidance.

The justices sent the case involving transgender high school student Gavin Grimm back to the same U.S. appeals court that last year ruled in Grimm's favor, with the dispute centering on a federal anti-discrimination law, a constitutional issue and the Trump administration's Feb. 22 action. [...]

Grimm, 17, was born female and identifies as male. Grimm, due to graduate from high school in June, sued the Gloucester County School Board to win the right to use the public school's boys' bathroom. Grimm argued the school's refusal violated a federal anti-discrimination law called Title IX of the Education Amendments of 1972 and the U.S. Constitution's guarantee of equal protection under the law.

The 4th Circuit did, in fact, rule that the school board's violation of transgender rights was a violation of the Equal Protection Clause of the Fourteenth Amendment.

We obviously won't know for certain until a new ruling is issued in the coming months, but I assume the court will reach the same conclusion that it did last year. The retraction of federal guidelines should have no bearing on the constitutional question and the 4th Circuit has been fairly reliable in this regard. The 4th Circuit also shredded North Carolina's voter ID law for similar reasons.