SCOTUS Says South Carolina Trans Student Can Use Boys’ Bathroom During Legal Challenge
The interim order was based more on procedure than law, but is widely viewed as a win for trans rights – and a glimmer of hope in a climate of hostility.
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This past week, The U.S. Supreme Court ruled that a ninth-grade transgender boy in South Carolina may continue using the school restroom that corresponds with his gender identity while his lawsuit plays out. The state had made an ’emergency appeal’ to SCOTUS that was ultimately denied; though that denial was not based “on the merits of the legal issues presented in the litigation,” but on the issue of “obtaining emergency relief from this Court.”
In short, more on procedure than on the law itself. And truly, this seems hardly an emergency.
The majority of Justices thought so too. Though three conservatives – Clarence Thomas, Samuel Alito and Neil Gorsuch – indicated they would have granted the application, allowing the ruling by the U.S. Court of Appeals for the 4th Circuit to be implemented.
The lawsuit got launched in November 2024 after a 13-year old got suspended from the Berkeley County school for using the boys’ mutli-stall restroom. Reportedly, other students had no issue with his use of the bathroom; nonetheless, teachers were ordered to separate boys from girls into lines for bathroom breaks.
The student’s parents sued on his behalf, on the grounds that the ban enacted in July 2024 in South Carolina violated the Equal Protection Clause of the 14th Amendment (laws apply equally to everyone); plus Title IX, a federal law, barring discrimination in education where programs receive federal funding.
Related: New York Among States Ordered To Remove Trans-Inclusive Education Materials
In this case, legislators also attempted to attain restrictions on transgender bathroom access by incorporating threats into budget bills to withhold funds from non-compliant schools. Specifically, 25% cuts to funding for schools that failed to do their toilet-focused bidding.
Ultimately, the boy’s parents removed him from school due to the prospect of escalating discipline and possible expulsion, and enrolled him in an online program. In August it was announced that the young teen had re-enrolled in the district and was starting ninth grade.
“Today’s decision from the Supreme Court reaffirms what we all know to be true: Contrary to South Carolina’s insistence, trans students are not emergencies. They are not threats. They are young people looking to learn and grow at school, despite the state-mandated hostility they too often face,” Alexandra Brodsky, Litigation Director for Public Justice’s Students’ Civil Rights Project, said in a statement. The organization is one of several representing the student.
While the decision is based on technical points, it is still widely being viewed as a win for trans rights. As Brodsky has stated: “… today’s decision will provide hope to other trans students and their families during these difficult times.”
Related: Minnesota Teen Who Was Made To Prove Gender in Restaurant Bathroom Now Filing Charges
