10:48, March 06 116 0

2017-03-06 10:48:11

 

BREAKING: Supreme Court sends transgender bathroom case back to lower court

The U.S. Supreme Court dropped the hot potato of transgender rights back in the lap of a lower court Monday morning, vacating a lower court’s ruling in favor of a Virginia transgender student who wants to use the school bathroom corresponding to his gender identity.

The justices did so, reports the Washington Post, because the Trump administration rolled back protections for trans students issued by the federal government under President Obama, in a letter to public schools last month rescinding federal guidance.

The decision comes just three weeks before the high court was scheduled to hear the case of the Gloucester County school board versus 17-year-old Gavin Grimm.

Because the federal government’s position has changed, the court ruled that  the U.S. Court of Appeals for the 4th Circuit should reconsider the case.

Previously, the 4th Circuit had relied on the federal government’s guidance that school should let transgender students use the bathrooms that matches their gender identity, based on the Obama administration’s interpretation of Title IX. Now those judges will need to decide whether its prohibition of discrimination on the basis of sex also extends to gender identity.

The Trump administration has so far not addressed that issue.


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