A Virginia school board may temporarily block a transgender student who was born a girl from using the boys’ bathroom while a legal fight over transgender rights proceeds on appeal, the U.S. Supreme Court said on Wednesday.
The case is the first time the fight over transgender bathroom rights has reached the Supreme Court.
In a brief order, the Supreme Court stayed an order from a lower court that had permitted the high school student to use the bathroom of his choice.
The eight-member court voted 5-3 to stay the lower court’s order. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan would have denied the school board’s request that it be able to block a student from exercising choice in use of a bathroom, according to the Supreme Court’s order.
Last year, the American Civil Liberties Union sued on behalf of Gavin Grimm, 17, to challenge the Gloucester County School Board’s bathroom policy, which requires transgender students to use alternative restroom facilities.