(San Francisco, CA, August 3, 2016)—Today, in a 5-3 vote in which Justice Breyer noted that his vote for a stay was a mere “courtesy,” the U.S. Supreme Court granted a temporary stay of the Fourth Circuit’s recent decision in G.G. v. Gloucester County School Board holding that federal law requires Virginia’s public schools to permit Gavin Grimm, a transgender boy, to use the same restrooms as other boys. The stay will remain in place only while the Court considers whether to review the Fourth Circuit’s decision.
Statement by National Center for Lesbian Rights Legal Director Shannon Minter:
“While disappointing, today’s ruling by the U.S. Supreme Court is just a temporary delay. Especially in light of Justice Breyer’s statement that his vote for a stay was a mere ‘courtesy’ to preserve the status quo while the Court considers whether to review the decision, this should not be taken as any sign of where a majority of the Court is leaning on the substantive question of whether Title IX protects transgender students. Across the country, courts and policymakers are recognizing that discrimination against transgender people is sex discrimination. We are confident that if and when this issue reaches the Supreme Court, the Court will affirm that recognition.”
The National Center for Lesbian Rights filed an amicus brief in the Fourth Circuit case on behalf of the World Professional Association of Transgender Health and other medical and mental health organizations, explaining the current medical consensus that being treated the same as other youth is critical to a transgender young person’s long term health, well-being, and social development.