Supreme Court Will Not Hear Major Transgender Rights Case | Sojourners

Supreme Court Will Not Hear Major Transgender Rights Case

Gavin Grimm, a 17-year-old transgender boy, stands in front of a chainlink fence.
Image via Geoff Livingston/Flickr

On Monday morning, the U.S. Supreme Court announced that it would not be hearing the case of Gavin Grimm, a 17-year-old transgender boy who was denied the use of the boys' restroom by the Gloucester County school board in Virginia. The nation’s highest court was scheduled to hear arguments in the case on March 28. Instead the Supreme Court vacated the appeals court's ruling in favor of Grimm, directing the lower court to re-examine the case in light of a recent Trump administration action.

In February, the Department of Education and Department of Justice sent a two-page guidance letter to public schools revoking earlier memos advising schools to allow students to use the bathrooms that match their gender identity. The letter emphasized that the primary authority in such decisions should belong to local and state educational policies.

While the move was seen as a blow to the movement for transgender equality, activists hoped that a ruling from the Supreme Court would establish a clear interpretation of Title IX that would allow for protections for transgender students.

Grimm’s case — which has been managed by the American Civil Liberties Union — has garnered national attention as it has made its way to the Supreme Court, gaining vocal support from transgender rights activists such as Laverne Cox and Janet Mock.

After the Supreme Court’s decision not to hear the case, ACLU senior staff attorney Joshua Block released a statement saying, “Nothing about today’s action changes the meaning of the law. Title IX and the Constitution protect Gavin and other transgender students from discrimination… We’ll continue to fight for Gavin and other transgender people to ensure that they are treated with the dignity and respect they deserve.”

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