Supreme Court asked to intervene in transgender student bathroom case

The legal battle over public school bathrooms and transgender students has reached the Supreme Court, where South Carolina Attorney General Alan Wilson is calling it a “death knell” for the “radical, hard-left agenda.” South Carolina has asked the Supreme Court to halt a federal appeals court order that granted a transgender high school student access to boys’ bathrooms, citing a state law that requires facilities to be based on biological sex. This comes on the heels of the Court’s recent decision upholding Tennessee’s ban on gender treatments for minors.

Wilson believes that this case, which could ultimately be decided by the U.S. Supreme Court, is not just about the state’s ability to protect students’ privacy and safety, but also about the rights of students to feel secure in their schools. The case highlights the ongoing debate over biology-based bathroom rules for students, with South Carolina urging lower courts to follow the Supreme Court’s decision in United States v. Skrmetti, which upheld Tennessee’s ban on medical gender transition procedures for minors.

The Fourth Circuit’s ruling granting the transgender student access to boys’ bathrooms is based on the precedent set in Grimm v. Gloucester County School Board, which held that barring a transgender student from using the restroom that aligns with their gender identity violates the Equal Protection Clause and Title IX. However, South Carolina argues that Grimm is an outdated outlier and that the Skrmetti decision should guide the court’s ruling.

The emergency filing by South Carolina officials points to the state’s law enacted in July 2024, which threatens school districts with a 25% funding cut if they allow transgender students to use facilities that do not align with their biological sex. The student, known as “John Doe,” and his parents filed suit against the state in November 2024, leading to the current legal battle.

The Supreme Court could issue a response to the emergency filing as early as Friday, potentially bypassing the normal full briefing and oral argument process. Doe’s attorney, Alexandra Zoe Brodsky, has criticized South Carolina’s efforts to prevent the student from using boys’ restrooms, stating that there is no evidence of harm and that the state’s actions amount to discrimination.

As the legal fight continues, the implications for transgender students and the broader LGBTQ community remain significant. The Supreme Court’s decision in this case could have far-reaching consequences for the rights and protections of transgender individuals in schools and beyond. title: “The Benefits of Volunteering: How Giving Back Can Improve Your Life”

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