The high court transfers judgement to lower court.
The U.S. Supreme Court will not rule on transgender rights this month as scheduled, instead they will transfer that decision back to the U.S. Court of Appeals for the 4th Circuit, where it originated by way of Virginia student and lead plaintiff Gavin Grimm.
Grimm has become a spokesman of sorts to transgender rights after he was refused access to high school bathrooms which best represented his gender identity.
The Washington Post reports that the Supreme Court delegated the case back to the lower court because President Donald Trump rescinded protections for trans students put in place by an Obama administration guidance, which stated title IX protections should also encapsulate trans folks in public schools.
This preemptive move comes just three weeks before The Supreme Court was to hear arguments in Gloucester County School Board versus Gavin Grimm.
Citing that the federal government has changed its position on the matter, The Supreme Court ruled that the U.S. Court of Appeals for the 4th Circuit should re-examine the case.
Stacey Long Simmons, Director of Public Policy and Government Affairs, National LGBTQ Task Force said in an email statement:
“It is extremely disappointing that the Supreme Court declined to use this opportunity to provide clarity on gender identity protections under Title IX sex protections.
"That said, nothing about today’s action changes the meaning of the law: Title IX and the Constitution protect Gavin and other transgender students from discrimination.
"Every single young person in our nation should have access to a quality education, free from discrimination, persecution and violence. The outpouring of support for Gavin — and through his case, every trans student in our education system — further illustrates America’s abhorrence for discrimination in all its forms, and particularly against the most vulnerable, our children and young people."
Originally the 4th Circuit sought the help of the Supreme Court in order to establish whether or not trans bathroom allowances should fall under Title IX in accordance with the Obama guidance.