Yesterday (August 3), the Supreme Court voted 5-3 to stay the decision of the U.S. Court of Appeals for the Fourth Circuit in G. G. v. Gloucester County (VA) School Board, No. 15-2056, wherein the Court of Appeals ruled that under Title IX of the Education Amendments of 1972 the school district must allow a transgender student to use the bathroom facilities of the student’s gender identity (in this case a female who identified as a male). The Supreme Court also stayed the trial court’s preliminary injunction issued upon remand.
The stays remain in effect until such time as the Supreme Court makes a determination on a petition for certiorari likely to be filed by the district in coming weeks.
Meanwhile, in at least three jurisdictions the legality of the U.S. Department of Education’s related Title IX transgender guidance is under challenge in federal court–Students and Parents for Privacy, et al. v. United States Department of Education, et al., No. 1:16:cv-04945, Northern District of Illinois, Eastern Division; State of Texas et al. v. United States Department of Education, et al., No. 7:16-cv-00054, Northern District of Texas, Wichita Falls Division; State of Nebraska, et al. v. United States Department of Education, et al., No. 4:16-cv-03117, District of Nebraska.