The Supreme Court handed a case involving Gavin Grimm, a transgender teen who sued his school district for the right to use the boys' bathroom, back down to a lower court. | AP Photo High court sidesteps ruling on transgender rights The Supreme Court sent the case back down to a lower court in light of the Trump administration rescinding an Obama directive aimed at protecting transgender student rights.

The Supreme Court said Monday that it would not hear a high-profile case over transgender student rights, sending the case of a Virginia high school student back to a lower court and dashing activists' hopes.

The one-sentence order to vacate an appeal’s court decision in favor of a transgender teen, Gavin Grimm, comes after the Trump administration scrapped an Obama directive aimed at protecting transgender student rights. The directive, which prompted nearly half of states to sue, held that Title IX — the federal law that protects against sex-based discrimination in federally funded education programs — also protects against gender identity discrimination.


Both parties in the case — 17-year-old Grimm and the Gloucester County School Board — had urged the court to hear the case even after the Trump administration rescinded Obama's directive. The question in the case was whether Grimm, who was born as a girl but identifies as a boy, could use the boys’ bathroom and locker room in his high school. The Supreme Court had been set to hear arguments on March 28.

But the high court sent the case back down to the U.S. Court of Appeals for the 4th Circuit in light of the Trump administration's action. That court will have to decide whether Title IX protects against gender identity discrimination. A federal appeals court has yet to do that and the issue is currently being litigated in other courts across the country. The Supreme Court is more likely to take up a case when a number of courts disagree on an issue.

In a related case, the 4th Circuit also announced Monday that it will hear oral arguments on May 10 in a lawsuit over North Carolina's so-called bathroom bill. Civil rights groups bringing that suit contend that the law's provisions barring transgender individuals from using bathrooms and locker rooms consistent with their gender identity violate the equal protection clause of the 14th Amendment.

The Trump administration didn't actually stake out a position on Title IX when it withdrew Obama's directive. Rather, the Education and Justice departments made an argument based on states’ rights, saying, “there must be due regard for the primary role of the states and local school districts in establishing educational policy.”

Another federal case over transgender student rights was recently settled. Thirteen states led by Texas sued the Obama administration's Justice Department last year over the Title IX guidance.

Briefs supporting Grimm were due last week, leading to an outpouring of support from nearly 200 Democratic members of Congress, former Obama administration officials and a host of advocacy groups.

"It’s understandable that many Americans who are still not familiar with their transgender neighbors have questions," said Mara Keisling, executive director of the National Center for Transgender Equality. "But there is simply no reason for Gavin, or the hundreds of thousands of students like him, to be forced to make a ‘walk of shame’ to a separate facility every single day."

Keisling said the group is confident that the Court of Appeals will again conclude that anti-gender discrimination laws like Title IX protect transgender students and forbid schools from singling them out.

Gloucester County School Board said it "looks forward to explaining why its commonsense restroom and locker room policy is legal under the Constitution and federal law."

The American Civil Liberties Union is representing Grimm. Joshua Block, senior staff attorney for ACLU's LGBT & HIV Project, 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."

"While we’re disappointed that the Supreme Court will not be hearing Gavin’s case this term," Block said, "the overwhelming level of support shown for Gavin and trans students by people across the country throughout this process shows that the American people have already moved in the right direction and that the rights of trans people cannot be ignored."

"This is a detour, not the end of the road, and we’ll continue to fight for Gavin and other transgender people to ensure that they are treated with the dignity and respect they deserve," Block said.

The Justice Department declined to comment.