Girl’s Rights Matters
A Virginia high school is trying to keep cross-dressing boys out of the girls locker room, but their defense will now be reviewed by the U.S. Supreme Court.
“The Supreme Court added five new cases to its docket this afternoon. Among the new grants was Gloucester County School Board v. G.G., the case of a transgender student who identifies as a boy and wants to be allowed to use the boys’ bathroom at his Virginia high school,” reports SCOTUS blog.
“The announcement that the justices would hear oral argument in the case was not particularly surprising: Last summer, the court granted the school board’s request to put the lower court’s ruling in the student’s favor on hold until the school board could file its petition for Supreme Court review. That ruling required the votes of five justices – the court’s four more conservative justices plus Justice Stephen Breyer, who announced that he was voting to block the lower court’s ruling as a courtesy – while the votes of only four justices are required to grant review on the merits.
“Although the controversy over the school board’s policy requiring students to use the restrooms and locker rooms that match the gender that they were assigned at birth instantly became the highest-profile case of the court’s term so far, the dispute actually centers on more technical (and, some would say, rather dry) legal issues. In this case, the district court ruled against G.G., relying on a 1975 regulation that allows schools to provide ‘separate toilet, locker room, and shower facilities on the basis of sex,’ as long as those facilities are comparable to those provided to the opposite sex.
“But, in January 2015, the Department of Education’s Office of Civil Rights issued an opinion letter stating that, if schools separate students in restrooms and locker rooms on the basis of their sex, a ‘school generally must treat transgender students consistent with their gender identity.’ In light of the 2015 letter, the U.S. Court of Appeals for the 4th Circuit reversed and ruled for G.G. It relied on the Supreme Court’s 1997 decision in Auer v. Robbins, which held that courts generally should defer to an agency’s interpretation of its own regulation. ”
[Dr. Chaps’ comment: In this case they must not defer to President Obama’s Dept of Education which is threatening schools in all 50 states: If they don’t open girls locker rooms to cross-dressing boys, they will lose their federal funding. INSANITY. We must pray the Supreme Court protects students’ privacy.]