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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