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What This ‘Transgender’ Student Won’t Get to Do When School Starts

A girl in Virginia pretending to be a boy thinks she should be allowed to walk into the boys’ restroom, and a court agreed with her.

But the U.S. Supreme Court on Wednesday issued an emergency ruling that gives the school board the option to block the lower court’s decision. From Reuters:

The case is the first time the fight over transgender bathroom rights has reached the Supreme Court. The subject arrived in the heat of a U.S. presidential election in which the makeup of the court is a central issue.

The eight-member Supreme 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 order.

Justice Stephen Breyer, of the Supreme Court’s liberal wing, joined with its most conservative members in temporarily siding with the school board.

Breyer wrote in a one-sentence explanation that he did so as a courtesy to preserve the status quo until the Supreme Court has a chance to consider the subject more fully.

 

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