In April, the Fourth Circuit ruled that the Gloucester County School Board’s decision prohibiting a transgender male student from using the boy’s bathroom violated Title IX of the education code. Then, in June, a Virginia federal judge issued an injunction ordering the school board to allow the transgender male student to use the bathroom that correlates with his gender identity. In July, the school board filed a motion with the Supreme Court to delay enforcement of the injunction and on August 3, 2016, the Supreme Court voted 5-3 to stay the Fourth Circuit’s ruling while it petitions for certiorari.
In other words, the transgender male student must use the bathroom that identifies with his biological identity (female) even though his gender identify is male, until this is sorted out.
If the Supreme Court declines to hear the case the stay will be immediately lifted and the student will then be allowed to utilize the male bathroom, as he wishes. However, if the Supreme Court agrees to hear the case, the stay will remain in place until it hands down its ruling.
The rights of transgender individuals continue to be one of the most pressing topics in labor, employment, and education law. Goldberg Segalla will continue to provide updates on this important topic.
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