SCOTUS Sends Transgender Bathroom Lawsuit to Lower Court

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Photo via USA Today

The U.S. Supreme Court has decided against making a decision on the hot-button transgender issue of the right to choose which bathroom matched their gender identity.  The Supreme Court, which originally agreed to hear the case in October, was supposed to hear the case this month, but instead, have decided to send it back to a lower court for further consideration, TMZ reported.

The lawsuit was filed by a transgender high school student in Virginia to establish his right to use the boys’ bathroom at his school. This decision by SCOTUS follows the recent decision by President Trump to withdraw Obama’s directive advising schools to let students use their bathroom of choice.

According to the New York Times, the Department of Education said back in 2015 that schools – “generally must treat transgender students consistent with their gender identity.” However, last year, they went further, saying that schools could lose federal money if they discriminated against transgender students. The Trump administration withdrew that guidance last month.

Virginia does not have many current laws in place and Virginia law does not include statewide protection against workplace discrimination or hate violence based on sexual orientation or gender identity. However, in 2014, Virginia Governor Terry McAuliffe signed Executive Order Number 1, which prohibits discrimination based on sexual orientation or gender identity.

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