For the time being, the Supreme Court got one right. Yesterday, the Court voted 5-3 to hit the pause button on a lower court’s order requiring the Gloucester County School Board to allow a biologically female student to use the male facilities for the upcoming school year. The “stay” of the lower court’s order will remain in place until the Court decides whether to hear the case.
That means that for now, students in Gloucester won’t be able to use the bathrooms reserved for members of the opposite sex. It also means that boys and girls in public schools may continue to have their safety, privacy and dignity respected when they enter the bathroom, locker room or shower.
This comes as refreshing news in a long saga of litigation that began in October of 2015, when a female high school student, “G.G.”, sued her school board in Gloucester County after it created a policy to accommodate her condition by providing access to several single-stall bathrooms but declined to let her use the male facilities. A number of other cases involving similar issues have been playing out across the country at the same time – most notably in North Carolina. Complicating matters further, the Obama Department of Education and Department of Justice sent a joint letter this past May threatening to withhold all federal funding to any school that did not allow students to gain full access to facilities and sports teams of the sex with which they “identified”, regardless of the students’ biological status.
Yesterday’s decision may perhaps be a signal from the Court that it will agree to hear the case on appeal and potentially rule in favor of the school board, but it’s still anybody’s guess. The Court will make a decision on whether to hear the case in the next few months.
Overall, this is a positive step in our continuing battle to protect kids and restore sanity. We will continue to keep you updated as things unfold.