From Chris Johnson at The Washington Blade:
The U.S. Supreme Court on Monday scrapped consideration of the case filed by the American Civil Liberties Union on behalf of transgender student Gavin Grimm, who’s seeking to use the boys’ room in Virginia schoool consistent with his gender identity.
In a notice of the court, justices grant summary disposition in the case, remanding it to the U.S. Fourth Circuit Court of Appeals for reconsideration in the aftermath of the Trump administration revocation of Obama-era guidance assuring transgender students can use the restroom consistent with their gender identity.
The 4th Circuit Court based it's ruling in great part on the Obama-era guidance. In the aftermath of the Trump administration's decision to rescind those guidelines, the ruling falls apart.
Important to note: SCOTUS decided to "vacate" the case. Had the 8 justices simply decided to not take the case, Grimm’s win at the lower court would have stood. "Vacating" sends the case back to the appeals court to start all over again.
GLSEN issued this statement:
“The Supreme Court has missed an opportunity to end the painful discrimination currently faced by tens of thousands of transgender students nationwide,” said Dr. Eliza Byard, GLSEN Executive Director in response to SCOTUS’ decision to decline to hear the case of transgender student Gavin Grimm, instead referring it back to the 4th Circuit Court of Appeals.
“The position previously taken by the Departments of Education and Justice lifted up best practices for K-12 schools to improve the lives of students and provide a clear path to opportunity. We remain confident the courts will ultimately stand with Gavin and other transgender students in seeking access to school facilities that correspond with their gender identity and determining their gender-affirming name and pronouns, but in the meantime trans students are left without clear protections from our Federal government while the case is reheard.
"Additionally, the federal government continues to backtrack on their commitment to supporting transgender students, making it more important than ever that educators, schools, school districts, and state governments make explicitly clear their support through inclusive school values statements and comprehensive policies.”
From Joshua Block, the lead ACLU attorney representing Gavin Grimm:
Obviously disappointed SCOTUS is remanding Gavin's case to CA4, but it is a detour, not the end of the road. 1— Joshua Block (@JoshACLU) March 6, 2017
We will be in CA4 making our case, and then back in SCOTUS again if necessary. Unfortunately, this means that 2— Joshua Block (@JoshACLU) March 6, 2017
Far too many trans kids across the country will be held in limbo for another 1-2 years. With the dept of ed no longer protecting them 3— Joshua Block (@JoshACLU) March 6, 2017
We (and other orgs) will continue to fight for gavin and other trans kids in court anywhere in the country.— Joshua Block (@JoshACLU) March 6, 2017