US Supreme Court grants Gloucester School Board’s stay request
The school board, which plans to ask the U.S. Supreme Court to weigh in on the case, fought the court order, saying that allowing Grimm to use the boys’ bathroom would disrupt the school and cause irreparable harm to students.
The school board has said that it will file a petition asking the Supreme Court to hear its appeal late in August, and first submitted an emergency application to stop Grimm from being allowed to use the boy’s bathrooms. But he said he remains hopeful that Grimm will ultimately prevail in the case.
But while the case is on appeal, Judge Robert Doumar ordered the school to let the student, referred to in court documents as G.G., use the boys’ bathroom. If the court denies certiorari, the Fourth Circuit’s ruling will become final, and Grimm will be granted access to the facilities that correspond with his authentic gender.
AP reported The vote was split 5-3, with Justice Stephen Breyer, who was appointed by a Democrat, siding with the majority.
“It’s significant that the Supreme Court said we’re going to put a hold on that-we’re going to preserve the status quo as it’s always been in society, as it’s always been in schools”, Jeremy Tedesco, a lawyer at the Christian legal group Alliance Defending Freedom told The Daily Signal.
The court’s order has no effect on any other case. “Banishing transgender students from restrooms used by their peers unquestionably interferes with their equal educational opportunity under Title IX”.
23 states are suing the Obama administration over the question of whether trans students should be allowed to use bathrooms corresponding with their gender identity.
“The Hall County School District expects individuals to utilize the restroom of their biological sex”, Schofield said.
Just last week, more than 100 pastors in the midwest sent a letter to OH elected officials and school districts, calling for schools to ignore a May mandate from the U.S. Department of Education allowing transgender students to use bathrooms and locker rooms consistent with their gender identity.
Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan dissented.
Among the issues that are central to the Grimm case and similar disputes in North Carolina and elsewhere is whether the Obama administration acted lawfully in its interpretation of Title IX, which prohibits certain kinds of discrimination against students by state and local schools receiving federal funding. A favorable decision for Grimm in that case would likely be appealed to the Fourth Circuit, which, based on its prior decision, would likely affirm the district court ruling.