Supreme Court Upholds Transgender Student’s Bathroom Access Amid South Carolina Challenge

WASHINGTON – The U.S. Supreme Court on Wednesday denied an emergency request from South Carolina officials, allowing a transgender boy to continue using the boys’ restrooms at his school while litigation proceeds. The decision marks a significant, albeit temporary, win for transgender student rights in the state.

The high court’s brief order emphasized that its rejection was not a ruling on the substantive legal issues of the case. South Carolina had sought to overturn an August decision by the 4th U.S. Circuit Court of Appeals, which had granted the student, identified as John Doe, interim restroom access. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch indicated they would have granted the state’s request.

The legal battle stems from South Carolina’s legislative efforts to restrict transgender bathroom access, including measures that threaten to withdraw funding from schools that do not comply with state demands. Doe’s parents initiated the lawsuit, arguing that these restrictions violate the Equal Protection Clause of the 14th Amendment and Title IX, the federal law prohibiting sex-based discrimination in education.

While a federal judge in South Carolina has yet to rule on the merits of the case, the Supreme Court’s action ensures the student’s access remains in place for now. This comes as the Supreme Court is set to consider a separate, major case next month concerning state laws banning transgender athletes from competing in girls’ and women’s school and college sports, indicating ongoing national legal scrutiny over transgender rights.

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