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Supreme Court Refuses Virginia Transgender Bathroom Case

WASHINGTON, DC – MARCH 27: Eric Breese (L) of Rochester, New York, joins fellow George Washington University students and hundreds of others to rally outside the Supreme Court during oral arguments in a case challenging the Defense of Marriage Act (DOMA) March 27, 2013 in Washington, DC. (Photo by Chip Somodevilla/Getty Images)

The U.S. Supreme Court refused to rule on a controversial transgender bathroom case out of Virginia, kicking scrutiny of title IX back to the lower court. The case was brought by a Virginia transgender student back and the high court’s decision comes after President Donald J. Trump reversed prior federal policy.

The justices said Monday they have opted not to decide whether federal anti-discrimination law gives high school senior Gavin Grimm the right to use the boys’ bathroom in his Virginia school.

The case had been scheduled for argument in late March. Instead, a lower court in Virginia will be tasked with evaluating the federal law known as title IX and the extent to which it applies to transgender students.

The high court action follows the Trump administration’s recent decision to withdraw a directive issued during Barack Obama’s presidency that advised schools to allow students to use the bathroom of their chosen gender, not biological birth.

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