The Supreme Court declined to review an application from South Carolina on Wednesday regarding the enforcement of its law prohibiting students from using bathrooms that align with their gender identity. This brief order presents a challenge for the state as it continues to navigate and strengthen its policies on transgender issues in schools. A lawsuit related to this matter will proceed in lower courts.
Three justices appointed by Republican presidents—Thomas Alito, Clarence Thomas, and Neil Gorsuch—showed interest in granting South Carolina’s request. However, the court’s unsigned order offers little insight into its future stance on this divisive subject. Previously, a federal appeals court had imposed a temporary ban, preventing the state from enforcing its law while legal challenges unfold. South Carolina’s legal team sought permission from the Supreme Court to lift this injunction temporarily.
The case stems from a request by a ninth-grade student, referenced as John Doe in the lawsuit, who seeks to use the boys’ bathroom, despite the issue being confined to a single student. The student’s attorneys highlighted that no other children have expressed concerns about sharing restrooms with him. They asserted, “Indeed, no student has ever complained about sharing boys’ restrooms with John, who has dressed and presented as a boy since he was a young child.”
The backdrop of this order includes a recent ruling by the Supreme Court where a ban on certain transgender medical treatments for minors in Tennessee was upheld. The justices are also preparing to hear arguments concerning transgender participation in school sports, signaling that the court is gearing up to address more contentious matters related to gender identity in education.
South Carolina’s lawyers emphasized the need to defer to state lawmakers during the appeal process, arguing, “This case implicates a question fraught with emotions and differing perspectives. That is all the more reason to defer to state lawmakers pending appeal. The decision was the South Carolina legislature’s to make.” Though the Supreme Court remains silent on this particular case, it has become evident that the issues surrounding gender, identity, and education will continue to provoke significant legal battles across the country.
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