U.S. Supreme Court Puts Transgender Bathroom Decision on Hold…For Now

By August 4, 2016 News No Comments

In recent editions of the Extra Mile, we have reported on the G.G. v. Gloucester County School Board case out of Virginia. Most recently, we reported that the Fourth Circuit Court of Appeals ruled in favor of a transgender boy who requested to use the boys’ bathroom in his school. The Gloucester County School Board then filed a motion with the United States Supreme Court, requesting that the Fourth Circuit’s decision be put on hold while the School Board prepares a petition for certiorari (the formal paperwork asking the United States Supreme Court to review the Fourth Circuit’s decision). On August 3, 2016, the Supreme Court granted the School Board’s motion for a stay of the Fourth Circuit decision.

It is important to note that the Supreme Court’s action is not a substantive ruling. The Supreme Court did not review the merits of the case yet. The stay merely provides that the Fourth Circuit decision will not be enforced at this time. If the Supreme Court decides not to take the case and denies the School Board’s petition for certiorari, the stay will be lifted, and the Fourth Circuit decision will immediately be enforced. If the petition for certiorari is granted, the Supreme Court will review the merits of the Fourth Circuit’s decision and decide whether to uphold or reverse the Fourth Circuit’s decision. The School Board is likely to file its petition for certiorari by the end of the summer.

We will continue to monitor this case and provide you timely updates.

For your inquiries regarding transgender students, please contact Michelle Todd, Stephanie Jones, or Kaitlin Atlas.

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