In a unique twist, the Supreme Court has decided on Monday not to rule on whether students are protected from same-sex discrimination. Gavin Grimm, a 17-year old student was not allowed to use the bathroom that corresponded with his gender identity in Gloucester County, Virginia. The American Civil Liberties Union filed a lawsuit against this school board and it made its way all the way to the Supreme Court. President Donald Trump ended all of the Obama era policies that expanded anti-same sex discrimination for students to transgender students, including them as a protected sexual identity. The Trump administration refused to defend this Obama administration policy where ‘sex’ discrimination was changed to ‘sex-based‘ discrimination.
From The Blaze:
“We are proud to lead a 13-state coalition against the Obama administration’s latest illegal federal overreach,” Texas Attorney General Ken Paxton, a Republican, said in a statement at the time. “This president is attempting to rewrite the laws that were enacted by the elected representatives of the people, and is using the threat of losing federal funding to get schools to fall into line. That cannot be allowed to continue.” As a result of the lawsuit, a federal judge ordered a temporary nationwide injunction on the rule. And in October, the Obama White House appealed the injunction, which was originally scheduled for a hearing last month. But when the Trump administration asked the court to withdraw the motion filed by the previous administration to roll back the injunction, it left the ruling that blocked the Obama-era policy in place. The parties had argued that the Supreme Court should go ahead and rule on whether Title IX includes gender identity discrimination within “sex” discrimination regardless of Department of Education guidance on the issue, and also on the palintiff’s 14th Amendment claim. However, the Supreme Court disagreed, and directed the parties to completely re-brief and re-argue the issue in light of the changed administration guidance.