The U.S. Supreme Court has denied an emergency request from South Carolina officials seeking to stop a transgender ninth grader from using boys’ restrooms at his school. The brief order allows the student, identified as John Doe, to use facilities aligning with his gender identity while ongoing litigation continues. The court stressed that this decision does not resolve the broader legal questions at stake, but the ruling marks a major development in a heated national debate.
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Emergency Request Denied
South Carolina officials recently filed an urgent petition asking the Supreme Court to intervene and bar John Doe from using boys’ restrooms. On Wednesday, the justices issued a brief order rejecting the request, effectively keeping in place an earlier appeals court ruling in Doe’s favor.
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Dissent from Conservatives
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch publicly noted they would have granted the request. Their dissent highlighted the sharp ideological divide within the court on transgender rights, particularly in education settings.
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Student Identified as Doe
The case centers on a ninth-grade student referred to in court documents as John Doe. His parents sued the state on his behalf, arguing that denying him access to restrooms consistent with his gender identity violates both the Equal Protection Clause of the 14th Amendment and Title IX, which prohibits sex-based discrimination in education.
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South Carolina Restrictions
Lawmakers in South Carolina have attempted to limit transgender students’ restroom access through budget provisions. These measures threaten to withdraw funding from schools that allow transgender students to use facilities consistent with their gender identity, sparking widespread legal challenges.
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Lower Court Rulings
A federal judge in South Carolina initially denied Doe’s request for temporary restroom access during litigation. However, in August, the Richmond-based 4th U.S. Circuit Court of Appeals sided with Doe, granting him access and prompting the state to escalate the matter to the Supreme Court.
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Case Still Pending
The Supreme Court emphasized that Wednesday’s decision is not a final ruling on the constitutional or statutory questions involved. The substantive legal issues remain before the lower courts, which have yet to issue a definitive judgment.
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Broader Legal Battles
Transgender rights remain a recurring flashpoint before the justices. In its upcoming term, the Supreme Court is set to hear arguments over state laws banning transgender athletes from competing in girls’ and women’s sports at schools and colleges, an issue that could further shape national policy.