On Monday, the Supreme Court declined to take up the issue of transgender bathroom rights in public schools, leaving in place a lower court’s ruling that allowed students to use the restrooms that matched their gender identity.
The Court on Monday declined the take up the case of Gavin Grimm, a former Virginia high school student who challenged his district’s bathroom policy when amid his transition several years ago.
Grimm, now in his 20s and a high school graduate, transitioned from female to male in high school. He also began using the boys’ bathroom at school but said that soon after, the school adopted a policy that prevented him from using both the boys’ and girls’ bathrooms.
While the school district did construct a single-stall unisex restroom, those facilities weren’t available on all parts of campus grounds.
In 2018, a federal judge ruled in favor of Grimm.
“However well-intentioned some external challenges may have been and however sincere worries were about possible unknown consequences arising from a new school restroom protocol, the perpetuation of harm to a child stemming from unconstitutional conduct cannot be allowed to stand,” the 2018 ruling read.
Monday’s decision by the Supreme Court keeps that ruling in place.
Justices Clarence Thomas and Samuel Alito noted that they wished for the court to take up the case. The high court offered no further comment.
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