WASHINGTON – South Carolina can’t, for now, prevent a transgender student from using his preferred bathroom, the Supreme Court said Sept. 10 in an interim decision before the justices weigh in more directly on transgender bathrooms.
The court declined to pause a lower court’s ruling that the teen may use the boys’ restroom while he challenges South Carolina’s requirement that public school students use the bathroom or locker room that corresponds with their sex assigned at birth rather than their gender identity.
In a brief, unsigned order, the court said its ruling didn't reflect the underlying legal issues. Instead, it said that South Carolina hadn't met the high bar for the high court's intervention at this stage of the litigation, the majority said.
Three conservative justices − Clarence Thomas, Samuel Alito and Neil Gorsuch − said they would have blocked the lower court order.
Alexandra Brodsky, the litigation director for a legal advocacy organization representing the student, said in a statement the group is thrilled the teen can use the boys' restroom as his case continues and hopes the decision "will provide hope to other tans students and their families during these difficult times."
