The Supreme Court Wednesday blocked a lower court order on a Virginia school district that compelled officials to allow a transgender boy to use the boys' restroom.

The 5 to 3 decision has no binding precedent, and is only a stopgap measure until the nation's highest court decides if it will hear the case. Should the court decide not to hear Gloucester County School Board's appeal, the order will be reinstated – transgender boy Gavin Grimm will again be allowed to use the boys' restrooms in that county's public high schools.

Justice Stephen Breyer joined the court's conservatives as a "courtesy," thus temporarily reinstating the ban, until the court decides whether or not to hear the case. Justices Kagan, Ginsburg and Sotomayor dissented.

The case, Gloucester County School Board v. G.G., No. 16A52, was instigated when the local school board in Gloucester, Virginia, adopted a policy that required students to use the bathrooms matching their "corresponding biological genders."

Grimm sued, and a divided Fourth Circuit panel agreed with him in April.

The school board urges the Supreme Court to reverse that decision, the district's lawyers argue: "Depriving parents of any say over whether their children should be exposed to members of the opposite biological sex, possibly in a state of full or complete undress in intimate settings, deprives them of their right to direct the education and upbringing of their children."

Lawyers for Grimm, however, argue the school district would suffer no permanent harm and that the Fourth Circuit ruling in his favor "does not apply to locker rooms, showers or other situations in which students may be in a state of full or complete undress, and it certainly does not extend to every school district in the Fourth Circuit or the entire nation."