Iowa must pay $85K because state troopers blocked trans students from Capitol restrooms

Read more at LGBTQ Nation.

Six months after Iowa removed gender identity as a protected class from its civil rights laws, the state now must pay $85,000 to LGBTQ+ students ejected from the Iowa Capitol in 2020, among them trans students who were denied access to the building’s bathrooms.

Iowa Safe Schools, an LGBTQ+ youth advocacy group, sponsored the visit of about 150 Iowa students and chaperones to the Capitol to meet with legislators in 2020. The group’s then-executive director, Nate Monson, told the Iowa Register that, at the time, Iowa State Patrol troopers told several transgender students they couldn’t use one of the bathrooms and had to use a gender-neutral restroom instead.

When Monson intervened, arguing that the troopers’ directions were inconsistent with state law, the entire group was ordered to leave

“I went up to the trooper and said, ‘No, that’s not what the law says,’” Monson said. “The civil rights code includes gender identity. He told me it did not. Then I told him yes, it did. And he said, ‘Well it doesn’t include bathrooms.’”

The students were then told to leave the Capitol altogether, that they had been banned from the Capitol grounds, and they would be arrested if they returned.

The students and several Iowa Safe Schools leaders filed suit in 2022, alleging sex-based discrimination, harassment, and unlawful retaliation.

Under terms of a settlement agreement — filed in July and approved by the Iowa State Board of Appeals on Tuesday — the state will pay the students and group leaders to settle the case without admitting any wrongdoing. 

“These individuals were exercising their constitutional and civil rights when they were singled out and removed from the Iowa Capitol solely because of their identity and their affiliation with an LGBTQ+ organization,” said Devin C. Kelly, an attorney for the plaintiffs, following the Board of Appeals approval.

“At a time when LGBTQ+ Iowans and their families continue to face growing challenges, this settlement reaffirms a simple truth: all Iowans are equal under the law,” Kelly added.

In a letter to the Board of Appeals, state attorney Jeffrey Peterzalek made it a point to say that the plaintiffs’ legal claims “would now not be allowed” under the updated Civil Rights Act.

With Republican Gov. Kim Reynolds’ signature in February, Iowa became the first state in the nation to remove a previously protected class from its civil rights laws. The change took effect July 1.

LGBTQ clubs, teachers’ union sue to block parts of Texas DEI ban in public schools

Read more at the Dallas Morning News.

A Plano teacher, a Houston high schooler, the Texas teachers’ union and a network of LGBTQ clubs filed a federal lawsuit in August to block parts of a new Texas law that bans certain student groups from public schools.

The law, which took effect Sept. 1, bars schools from sponsoring a “student club based on sexual orientation or gender identity.” It also forbids schools from providing instruction, guidance or programming on sexual orientation or gender identity. Schools are barred from helping in the social transitioning of a transgender child, which can include using new names or pronouns.

A former faculty sponsor for a Gender and Sexuality Alliance in Plano ISD; a Houston high schooler; the Gender and Sexuality Alliances Network, a nonprofit that represents GSA clubs in Texas schools; and advocacy group Students Engaged in Advancing Texas say their freedom of speech and expressive association “will be irreparably suppressed” under the new law.

Texas AFT, the teachers’ union, joined the lawsuit as a plaintiff Sept. 15.

“S.B. 12 is one of the most extreme education censorship laws in the country, undermining the free speech rights of Texas students, parents, and educators,” said Brian Klosterboer, senior staff attorney at the ACLU of Texas, who filed the suitin the U.S. District Court for the Southern District of Texas.“We’re challenging this law in court because our schools should be places of truth, inclusion, and opportunity — not fear and erasure.”

The lawsuit names Texas Education Commissioner Mike Morath as a defendant, as well as Plano, Katy and Houston ISDs.

“Plano ISD is obligated to comply with the law as written unless or until the courts provide further direction,” said Zoheb Hassanali, the district’s assistant director of communications, public relations and social media.

He said district staff have received training to ensure compliance with the law.

“Our focus continues to be on educating and supporting our students, and we will not allow external litigation to distract us from that responsibility,” he added.

Houston ISD’s press office said the district does not comment on pending litigation.

Representatives from Katy ISD and the Texas Education Agency did not respond to emailed requests for comment.

The legal action comes as school districts across Texas are adopting policies to comply with the state law, which prohibits diversity, equity and inclusion efforts in K-12 schools.

Rep. Jeff Leach, R-Allen, who introduced the legislation, said it ensures parents are at the “head of the table when it comes to their kids’ education.”

In addition to the ban on LGBTQ clubs, the legislation requires schools to get a parent’s permission before a child can join any school club.

“Our schools should be about teaching history and reading, writing and math and civic responsibility,” Leach said as he advocated for the bill in the Legislature. “We need to get away from some of the more toxic social issues.”

If the law is not blocked, all 22 student-run Gender and Sexuality Alliance clubs registered with the GSA Network will likely shut down, according to the filing.

Leach criticized the organizations during legislative discussions, calling them “school-sponsored and school-sanctioned sex clubs.” Supporters and members of the clubs say they provide safe and welcoming spaces for students.

The groups in the lawsuit say the ban “ostracizes” students “who have a sexual orientation or gender identity that differs from other students.” It also “harms allies of LGBTQ+ students who seek to learn about issues impacting their friends and advocate for a safer and more inclusive school environment,” according to the filing.

At least one Gender and Sexuality Alliance in Plano ISD disbanded ahead of the law’s implementation date, according to court documents. Students tried to start a new club, but school administrators said it would not be allowed.

One student decided to be homeschooled because the club shut down “and the fact that their affirming name and pronouns will no longer be respected by teachers and staff,” court documents read.

The law has created “a climate of fear and discrimination” in the Plano ISD school, “where the voices of LGBTQ+ students and educators are suppressed.” The school is not identified in the lawsuit, and the teacher and student plaintiffs go by pseudonyms to protect them from retaliation.

The Plano ISD teacher, who was also the faculty sponsor of the now-disbanded Gender and Sexuality Alliance, said the law’s “vague and broad” requirements create “a massive gray area about how and whether she can support her transgender students.”

Texas AFT, the teachers’ union, said it has already received a “high volume of inquiries” from members on its grievance hotline about what the law means, its “harsh professional consequences and the harm it is causing their relationships with their students and concerned parents.”

For a Houston high schooler at Kinder High School for the Performing and Visual Arts, the law could mean she can’t join or start a Gender and Sexuality Alliance at her new school.

The high schooler participated in GSA in middle school, where she “found community and support in her own experience of coming out as an LGBTQ+ student and felt safer and happier,” the filing reads.

Under the law, she worries she won’t have that same experience. She already feels the law “is suppressing her ability to speak with teachers” about certain topics, including social transitioning.

Bipartisan Bill Seeks to Restore LGBTQ Youth Crisis Hotline Services

If you or a loved one are in crisis, please call or text 988 or text HOME to 741741 to connect with a live volunteer crisis counselor.

Read more at OutSmart Magazine.

Sens. Tammy Baldwin, a Democrat, and Lisa Murkowski, a Republican, introduced a bipartisan bill on Wednesday to re-establish national emergency suicide prevention services for LGBTQ+ youth — which have been stripped by the Trump administration at a time when the vulnerable group needs it most. 

In July, the Trump administration terminated the 988 hotline’s LGBTQ+ services, which connected young people in crisis with counselors trained in supporting LGBTQ+ youth. This new bill, backed by the LGBTQ+ youth suicide prevention organization Trevor Project as well as the American Foundation for Suicide Prevention, would modify the Public Health Service Act to reinstate those services and require the Secretary of Health and Human Services to maintain them. The bill now moves to committee.

The Trevor Project estimates that more than 1.8 million LGBTQ+ young people seriously consider suicide each year in the United States, as they face high rates of bullying, assault and discrimination. And when the 2024 presidential race was called for Donald Trump, calls and texts to the Trevor Project’s own crisis hotlines spiked by 700 percent, as LGBTQ+ youth felt afraid about the outcome of the election. 

“Given that LGBTQ+ youth are more than four times as likely to attempt suicide than their peers, the need for these services remains pressing,” said Jaymes Black, CEO of The Trevor Project, in a statement. “This is not about politics, or identity; this is about doing what is best to support our country’s highest risk populations — and save young people’s lives nationwide.”

During his first term in 2020, President Trump signed a bipartisan law to create 988 as a more accessible resource for mental health emergencies. The free hotline launched in July 2022. Since then, millions of people in crisis have turned to 988. And nearly 1.5 million of those calls, texts and chats were sent by young Americans seeking specialized LGBTQ+ services. 

“We are in the middle of a mental health crisis, and the 988 lifeline saves lives, plain and simple,” said Baldwin, who wrote the original legislation to create the 988 hotline. Cutting funds for specialized services within 988 puts the lifeline in jeopardy, she said in a statement. 

“There is absolutely no good reason that Donald Trump took away this specialized help for our LGBTQ youth. Mental health does not see partisan lines or geography,” the Wisconsin Democrat added.

California lawmakers approve measure protecting medical data of transgender people 

Read more at The Hill.

California lawmakers passed legislation this week to prevent health providers from releasing transgender patients’ confidential medical records in investigations of gender-affirming care in states that ban treatment for minors. 

Senate Bill 497, introduced in February by Sen. Scott Wiener, a Democrat representing San Francisco, builds upon a 2022 state law that established California as a state of refuge for transgender people. That law, also authored by Wiener, prevents states that have banned gender-affirming care for minors from taking legal action against trans youth, their families and their doctors over treatment administered in California. 

The latest bill would require law enforcement requesting health information about transgender people in California to provide a warrant, according to Wiener’s office. It would also bar medical providers from complying with out-of-state requests, including subpoenas, for information related to gender-affirming care. 

“California must do everything in our power to protect the transgender community, and I’m confident that the Governor will continue his longstanding leadership on trans issues,” Wiener said in a statement on Thursday after the bill passed. 

The California Senate voted 30-10 on Wednesday to pass Wiener’s bill, which the state Assembly passed earlier this week. A spokesperson for California Gov. Gavin Newsom (D) declined to comment, saying the governor’s office does not typically remark on pending legislation. 

Newsom must sign or veto the measure by Oct. 13. 

The vote on Wiener’s bill comes after the Justice Department announced in June that it had sent more than 20 subpoenas to doctors and clinics “involved in performing transgender medical procedures on children” in investigations of alleged health care fraud and false statements. A subpoena sent to the Children’s Hospital of Philadelphia that was made public in a court filing last month requested patients’ birth dates, Social Security numbers and home addresses, as well as “every writing or record of whatever type” from doctors related to the provision of gender-affirming care to adolescents younger than 19 years. 

The subpoena requested information dating back to January 2020, more than a year before transition-related care was banned anywhere in the U.S. 

On Tuesday, a federal judge blocked an effort by the Trump administration to subpoena medical records of transgender patients who received gender-affirming care at Boston Children’s Hospital, calling the Justice Department’s investigation improper and “motivated only by bad faith.” 

In an email on Friday, a spokesperson for Wiener said Senate Bill 497, if signed, would “strengthen the case for any medical provider who wishes to fight Trump’s vicious assault on the transgender community.” 

President Trump and administration officials have broadly sought to ban gender-affirming care for minors. A Jan. 28 executive order states that the U.S. “will rigorously enforce” laws that ban transition-related care for anyone younger than 19. 

Federal judges have blocked parts of the order threatening funding for hospitals. 

Laws adopted by more than half the nation since 2021 ban gender-affirming care for minors, which major professional medical groups say is medically necessary and often lifesaving for transgender youth and adults. In June, the Supreme Court ruled that states can ban treatment for minors, finding that Tennessee’s prohibition on puberty blockers, hormones and rare surgeries for adolescents does not constitute sex discrimination. 

Moving To Spain Made Easy – Alastair Johnson from MovingToSpain.com Explains How!

Ready to call Spain your new home? Join the thousands of Expats who have successfully relocated to Spain with our expert advice, resources, insider knowledge and handpicked network of service providers.

We ran into Alastair & Alison Johnson through the Expatsi organization. Find out everything you need to know about moving to Spain in this informative talk from people who know! Check them out at https://movingtospain.com/

Thinking about moving to Spain to escape political extremism in the U.S.? As part of the Flee Red States project, we sit down with Alastair Johnson of MovingToSpain.com , who has lived in Spain for many years with his wife and adult son.

In this interview, Alastair shares his first-hand experiences about:

🏳️‍🌈 The acceptance and visibility of the LGBTQ community in Spain

🏥 Easy access to Spain’s public healthcare system

🏡 Lifestyle, culture, and why Spain is a welcoming choice for American expats

🌞 The benefits of living abroad in a progressive, inclusive country

If you’re considering moving to Spain from the USA, becoming an American expat in Europe, or simply curious about LGBTQ rights in Spain, this video gives you practical insights and inspiration.

St. Lucia Strikes Down Colonial-Era Sodomy Law, Marking Major Win For LGBTQ Rights In The Caribbean

Read more at Forbes.

“These provisions… exacerbate, if not condone, the stigmatisation of homosexual persons in civil society and engender feelings of hostility fueled by persons who are inclined to take the moral high ground,” stated Eastern Caribbean Supreme Court Judge Shawn Innocent in his late July ruling striking down St. Lucia’s ban on same-sex intimacy.

The ruling coming down from the Heraldine Rock Building sparked swift, though not unanimous, reaction. The Caribbean’s LGBTQIA community celebrated the long-overdue victory, while religious conservatives issued dire warnings.

As Judge Innocent explained on the bench, many islanders and Caribbean citizens continue to navigate the fault lines between a dated colonial inheritance and a modern identity.

“It is the law itself which violates their constitutional rights,” Innocent’s ruling said. “They do not have to await prosecution under those sections to experience a violation. Without any equivocation, his liberty has been emasculated and abridged.”

The ruling made St. Lucia the latest in a growing list of Caribbean nations—including Barbados, Dominica, Antigua and Barbuda, and St. Kitts and Nevis—to decriminalize consensual same-sex relations through the courts. In doing so, it affirms what many legal scholars and LGBTQIA activists have long argued: that the region’s colonial-era sodomy laws are not just outdated, they are unconstitutional.

The win in St. Lucia comes at a time when the Caribbean LGBTQIA movement appears to not only be making progress in changing laws, but changing attitudes. This stands in contrast to the United States, where movement workers are fighting back against regressive measures, state-based legislation, and attempts by the Trump administration to gut federal civil rights protections.

For Glenroy Murray, St. Lucia’s policy change, part of a nearly decade-long strategy led by the Eastern Caribbean Alliance for Diversity and Equality (ECADE) and other local organizing groups, is the product of years of sustained advocacy.

“In the Caribbean, queer activists are saying: we deserve space, and we’re going to claim it—despite prevailing attitudes that have existed in this region for a long time,” said Murray, the Caribbean lead for Human Dignity, a legal advocacy organization that provides technical, legal, and communications support to queer organizations and governments worldwide.

What began as a debate among legal scholars, researchers, and grassroots LGBTQIA activists about the countries most ripe for a legal challenge to colonial-era sodomy laws has since evolved into a broad-based movement to decriminalize sexuality and fight for human rights across the region.

For the Caribbean movement, the struggle has been twofold: first, dismantling outdated “saving law clauses” that shield colonial-era statutes from constitutional challenge. Found in several post-independence constitutions, these clauses preserve pre-existing laws—even if they conflict with modern human-rights protections. In practice, they’ve made it far more difficult to overturn criminal statutes against same-sex intimacy. Activists argue that true equality cannot be achieved without dismantling these legal shields.

Compounding this are well-funded, transnational conservative movements determined to make LGBTQIA rights in the Caribbean harder to secure. Angelique Nixon, senior lecturer and researcher at University of the West Indies, St. Augustine Campus’ Institute for Gender and Development Studies, said that these actors, backed by U.S.-based evangelical and faith-based groups, frame equality as a Western imposition and deploy religious and moral rhetoric to stir cultural resistance.

“Globally, we’re seeing the rise of well-funded, transnational anti-rights movements that actively export homophobic and transphobic ideologies across borders, often under the guise of protecting traditional values or religious freedoms,” Nixon said.

“This transnational dimension makes our struggle particularly challenging,” she emphasized.

The American religious right has directly targeted the Caribbean: groups affiliated with the American Center for Law and Justice (ACLJ) have conducted legal training in Belize, while Alliance Defending Freedom (ADF) and other U.S. advocacy networks have bolstered local opposition to reform.

Meanwhile, Family Watch International—designated a hate group by the Southern Poverty Law Center—has expanded its regional influence, launching campaigns in Africa and elsewhere.

Earlier in 2025, Trinidad and Tobago’s Court of Appeal overturned a 2018 ruling decriminalizing consensual same-sex intimacy, citing its “saving law clause.” While the court reduced penalties from 25 years to five years’ imprisonment, it emphasized that only the legislature could fully repeal the provisions, a move Nixon warns will further endanger queer people.

“Without strong political leadership, these laws will stay in place and continue to justify stigma, discrimination, and violence—even if they’re not enforced,” Nixon said. “The mere existence of these laws creates a chilling effect. Legal ambiguity and inaction can silence LGBTQI+ people and make them more vulnerable.”

Murray underscored that these laws are rooted in colonial imposition. “Many of the laws against sodomy, buggery, and so-called ‘unnatural offenses’—in other words, laws criminalizing sexuality—were imposed across the Caribbean by the British,” he said. “In Jamaica, the law criminalizing intimacy between men dates back to 1864, and it remains in effect today.”

Quick not to lay all the blame on colonial powers, Murray added: “I won’t let Caribbean governments off the hook. They could have changed these laws a long time ago—there have been repeated calls to repeal them. In some cases, governments have not only retained these provisions but made them worse. And at times, there’s been a clear intentionality to keeps them in place.”

While legal reform remains paramount, organizers have also worked diligently to change hearts and minds—advancing broader issues like health equity, education, and housing.

In its fight against liberal American misconceptions about Caribbean homophobia, the movement’s organizing strategy has centered on balancing the region’s often-professed anti-LGBTQIA identity with lived experiences that are far more varied. Murray explained that this nuance does not discount the violence, displacement, and harm faced by LGBTQIA people, but it has remained front of mind for organizers.

“For a time, much of our culture was not pro-gay, but it still allowed for a type of existence,” Murray said. “Over time, as queer people became more visible, violence escalated—and that’s when the region became known for being homophobic.”

Despite stigma, advocates have advanced regional efforts like the Pan-Caribbean Partnership Against HIV/AIDS, housing access expansion, and educational equity.

“In general, our leadership across the region is clear: they don’t support discrimination,” Murray said “When we talk about housing, we make it inclusive. When we talk about healthcare, we make it inclusive. And that matters.”

Murray’s analysis came with a caveat.

“But on hot-button issues like discrimination protections or relationship recognition, leaders tend to be far more cautious—often because of misperceptions about voters,” he said.

Beyond policy and legal reform, organizers recognize that shifting public opinion is essential. A 2023 survey by the Equality for All Foundation/J-FLAG, Jamaica’s leading LGBTQIA rights group, found that 50 percent of Jamaicans support changing laws to ensure equal rights, a dramatic shift from 2018, when 69 percent predicted strong resistance.

This change, advocates say, stems from grassroots organizing, increased visibility of LGBTQIA people, and the political engagement of younger voters. Nixon believes the movement could benefit from even greater international support.

“We need solidarity rooted in care, justice, and long-term commitment,” Nixon said. “Effective support must go beyond symbolic gestures to include sustained material and strategic assistance. That means funding community-led initiatives, creating safe spaces for healing and organizing, and backing the grassroots work that makes all this possible.”

Texas drops lawsuit against doctor accused of providing gender-affirming care to youth

Read more at LGBTQ Nation.

Texas Attorney General Ken Paxton withdrew the state’s lawsuit against pediatric endocrinologist Dr. Hector Granados on Thursday after finding no evidence that he violated the state’s ban on gender affirming care for trans youth.

Paxton sued Granados in October 2024, accusing him of providing puberty blockers and hormones to patients as young as 12 in treatment for gender dysphoria. Paxton accused Granados of falsifying medical and billing records to mislead pharmacies and insurance providers into covering the care.

Paxton initially called Granados a “scofflaw who is harming the health and safety of Texas children,” and Granados wasn’t notified before the lawsuit’s filing, in worries that he might try to destroy relevant records, The Hill reported.

However, Granados said he stopped providing gender-affirming care in May 2023, after the state’s legislature passed the law. Now that Paxton’s office has dropped its charges against him, Paxton’s office will now “focus on other ongoing cases against doctors who illegally provided harmful ‘transition’ treatments and drugs to children,” an attorney general spokesperson said, according to The Hill.

The state has also sued May Lau and M. Brett Cooper, two medical providers from the University of Texas’ Southwestern Medical Center in Dallas. If found guilty, both could possibly lose their medical licenses and face hundreds of thousands of dollars in fines.

Despite Paxton’s claim about gender-affirming care being “harmful,” the medications used in such care have been used safely in children for decades for the purposes of gender transition and to treat other medical issues in cisgender children as well. In fact, Texas’ law stands in opposition to the best care practices for treating gender dysphoria recommended by every major American medical association. These associations agree that such care is safe, effective, and essential for the overall well-being of trans people.

Trans refugee speaks about fleeing brutal anti-LGBTQ+ persecution in Russia-occupied territories

Read more at LGBTQ Nation.

Six months into Russia’s invasion of Ukraine in 2022, Lilia Khvylka had a decision to make.

The transgender Ukrainian, who grew up on the Crimean Peninsula, was already living under Russian occupation; Vladimir Putin invaded and annexed that Ukrainian territory in 2014.

Now Khvylka was under house arrest for posting pro-Ukrainian messages on social media, she told Mezha, an independent Ukrainian news outlet.

“They opened a case against me under Article 207.3 of the Criminal Code of the Russian Federation – discrediting the Armed Forces of the Russian Federation. This is a very serious crime, which they classify as terrorism. They were going to set a preventive measure for me literally in the coming days.”

Khvylka had already been outfitted with an ankle bracelet to monitor her movements.

She recalled taking part in the Revolution of Dignity in 2014, which ousted pro-Russian President Viktor Yanukovych and restored the 2004 Constitution of Ukraine.

The same year, Putin invaded Crimea.

“When the Russian authorities arrived, freedom of speech completely disappeared. Ukrainian activists and journalists immediately began leaving or disappearing,” Khvylka said.

At the same time, Khvylka was navigating her transition.

“At 16, I already knew I would undertake a transgender transition, because I am a girl. But I was very afraid to go to doctors in Russia or talk to anyone about it.”

In Crimea, she was forced to hide her identity; there, she was known as Illya Gantsevskyi.

Facing the prospect of 15 years in prison for her posts and terrified her true identity would come to light, Khvylka fled. The so-called head of the Republic of Crimea, Sergey Aksyonov, had already declared war on LGBTQ+ people.

“I cut off my bracelet and ran away,” she said.

Khvylka left the peninsula through Russia and Belarus, holding only a Ukrainian birth certificate. Volunteers, whom she found online through an underground network of supporters, helped in her getaway.

With her flight to freedom, Khvylka avoided a fate that other LGBTQ+ Ukrainians have been unable to escape.

“This included torture, torment, public humiliation, bodily injuries, and sexual violence,” said human rights lawyer Karolina Palaychuk.

Documented testimonies from people in the Kherson region, occupied by Russia for nine months at the start of the war, confirm the terror inflicted on LGBTQ+ people in the Russian-occupied territory.

“One of the people who gave these testimonies said that he was stopped at a checkpoint, his phone was checked, they saw the relevant content, and they immediately threw him into a basement,” said Iryna Yuzyk, manager for the Center for Human Rights, ZMINA. “There, they beat him, forced him to wear a red dress, took him to interrogations in a red dress, naked, they tormented him. He was lucky to survive.”

Another captive was Diana, a 24-year-old lesbian.

“She used to work as a shop assistant. She had colorful hair; they drew attention to her. They came with searches to her home, found a rainbow flag, and also threw her into the basement, where there were another 15 people. Then they lined them up and shot them at random. Only four survived.”

Human rights advocates are advising all LGBTQ+ Ukrainians — in particular activists who have a history of advocacy in conflict with Russia’s 2023 Supreme Court ruling declaring the LGBTQ+ community a “terrorist organization” — to leave the occupied territories, where protection under Ukrainian law no longer applies.

According to NGO Prozhektor, at least 50 people who’ve left the occupied territories have endured torture and violence due to their LGBTQ+ identity.

Seven victims have filed statements; thirteen are witnesses to other crimes.

Supreme Court allows trans kids in South Carolina to use the right bathrooms in school

Read more at LGBTQ Nation.

The U.S. Supreme Court said Wednesday that South Carolina cannot enforce its anti-trans bathroom ban against one transgender student while his challenge to the law moves through the courts.

The law, which went into effect in 2024, requires students in South Carolina public schools to use bathrooms that align with their “biological sex … as objectively determined by anatomy and genetics existing at the time of birth.”

Last year, a 13-year-old transgender boy identified in court documents as John Doe was suspended for using the boys’ restroom at his Berkeley County school. Despite none of his peers objecting to his use of the boys’ restroom, when Doe returned from suspension, school staff were instructed to police his bathroom use, and teachers began dividing students into “boys” and “girls” lines before restroom breaks to enforce the policy.

Faced with constant harassment by teachers and the threat of another suspension, Doe’s parents withdrew him from the school and enrolled him in an online program.

The following November, Doe’s family, along with LGBTQ+ advocacy group Alliance for Full Acceptance, filed a class action suit challenging the South Carolina law. As MSNBC notes, a district court judge in the state halted the case in July after the Supreme Court announced it would hear two cases related to transgender women’s participation in sports. Doe appealed to the U.S. Court of Appeals for the Fourth Circuit, which issued an injunction in the boy’s favor in August, preventing the state, the school district, and other defendants from enforcing the law against him while the appeal proceeds through the courts.

According to MSNBC, the three-judge panel cited the court’s 2020 ruling in Grimm v. Gloucester County School Board that trans students are entitled to use restrooms aligned with their gender identity. However, George W. Bush-appointee Steven Agee stipulated that the Grimm decision was the only reason he sided with Doe and expressed hope that the Supreme Court would overturn that case, which he described as having been decided wrongly.

That same month, South Carolina asked the Supreme Court to lift the Fourth Circuit’s injunction, arguing in its emergency relief application that Grimm was wrongly decided and that the Fourth Circuit should have considered the Supreme Court’s recent decision in United States v. Skrmetti, which upheld Tennessee’s restrictions on gender-affirming care for trans youth. The state argued that it, the school district, and students were “suffering actual, ongoing, material harms” due to Doe being allowed to use the boys’ restroom at school.

On Wednesday, a six-justice majority denied South Carolina’s request, with Republican appointees Clarence Thomas, Samuel Alito, and Neil Gorsuch saying they would have sided with the state, according to HuffPost.

In its order, the Court wrote that its denial of South Carolina’s application was “not a ruling on the merits of the legal issues presented in the litigation.” Rather, the justices wrote, “it is based on the standards applicable for obtaining emergency relief from this Court.”

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