- Apr 13, 2011
- Reaction score
- Political Leaning
A Virginia school board hoping to block a transgender teen from using the boy's bathroom at his high school took its legal fight to the Supreme Court on Wednesday.
The move would mark the first time that the legal battle over whether transgender students can use bathrooms aligned with their gender identity has reached the nation's highest court.
Gloucester County School Board has suffered a number of legal setbacks — most recently Tuesday, when a federal appeals court said it wouldn't halt a lower court's ruling that ordered school officials to provide the teen with bathroom access. School officials wanted to put that preliminary ruling, issued last month, on hold while they ask the Supreme Court to review their case.
The school board filed an emergency application with SCOTUS, asking Chief Justice John Roberts to suspend the lower court's decision, Reuters reports. Five votes are needed to do so.
The school board has also said it plans to ask the Supreme Court to review the whole case. Legal experts have said that a full review is unlikely while the issue is being hashed out in lower courts — especially since circuit courts haven't split on the issue.
Read more: Transgender bathroom issue headed to SCOTUS - POLITICO
Well the Trans bathroom issue will now reach the SCOTUS for the first time in hopes to have a case involving the issue to be taken up by the Supreme Court. If the Supreme Court does decide to take up the case they will most likely not review the whole case involving a Virginia school board.