The Supreme Court declined to hear an appeal Monday from a Virginia school board over a transgender student’s access to bathrooms, leaving in place an appeals court ruling in favor of the student.
The case, Grimm v. Gloucester County School Board, concerned high school student Gavin Grimm, who was born a biological female but began identifying as male, seeking to use the boy’s restroom at Gloucester High School, NBC News reported. The school board had instituted a policy that required students to use the bathrooms that corresponded to their biological gender, according to NBC.
The Supreme Court declined to grant writ of certiorari, with Justices Clarence Thomas and Samuel Alito indicating they would have heard the case, according to the court’s order list. Grimm, who was represented by lawyers from the American Civil Liberties Union (ACLU), celebrated the move.
BREAKING: The Supreme Court is not challenging Gavin Grimm’s victory in lower courts, in his lawsuit over the right to use the restroom in his school.
This is the third time in recent years that SCOTUS has allowed appeals court decisions in support of trans students to remain.
— ACLU (@ACLU) June 28, 2021
“I am glad that my years-long fight to have my school see me for who I am is over,” Grimm said in a statement released by the ACLU.
“Our work is not yet done, and the ACLU is continuing to fight against anti-trans laws targeting trans youth in states around the country,” Josh Block, senior staff attorney with the ACLU, said in the statement.
The court’s actions leave in place the decision by the Fourth Circuit Court of Appeals, which held that Title IX of the Education Amendments Act protects “transgender students from school bathroom policies that prohibit them from affirming their gender.”
The school board had argued in its petition for writ of certiorari that transgender students using “multi-user restrooms, locker rooms and shower facilities reserved for the opposite sex raises what this Court has acknowledged to be serious concerns about bodily privacy.”
The board said the appeals court’s decision was “imposing a one-size fits-all solution to this vexing problem.”
The Gloucester County School Board did not immediately respond to the Daily Caller News Foundation’s request for comment.
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