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Who won when Supreme Court refused to decide transgender bathroom rights case?



Did President’s Trump’s recent revocation of Obama administration federal guidelines that gave transgender students the right to use public school restrooms impact Supreme Court’s decision to scrap case?  The Supreme Court, had agreed few months earlier to hear the 17-year-old Gavin Grimm student’s case, suddenly decided to refuse to consider it, according to Fox News.

It appeared that after the Trump administration withdrew support for the previous administration’s policy it made the U.S. Court of Appeals for the 4th Circuit’s earlier pro-Grimm decision null and void. The Virginia high school student, who was born female and now identifies as a male wanted to use the bathroom he identified with as his gender.

One of the major considerations which possibly swayed the justices’ decision to avoid even having the case argued before them was the possibility that a decision would end in a 4-4 tie.   With federal appeals court Judge Neil Gorsuch’s nomination still pending in the senate, some legal experts believe that once a new justice is aboard the court could reach a more definitive result.

Meanwhile lawyers for the student believe that the high court could have considered the case based upon a 1972 prohibition against sex discrimination in education which stipulate that based upon the student’s gender identity they could legally use sex-separated facilities, reported USA Today.

The lower court will now be considering if federal Title IX prohibition against sexual discrimination law legally applies to transgender students.  An essential component to the lower court’s consideration of Title IX, has to be tied to the notification sent by Trump administration officials to the U.S. Supreme Court from the federal Education and Justice departments.

The two-page notification stressed the new position that the Trump Administration was taking legally regarding the previous action by President Obama.  It stated, in a “Dear colleague” letter that the earlier directive needed to be withdrawn because it lacked extensive legal analysis, did not go through a public vetting process, sowed confusion and drew legal challenges,” according to the Washington Post.

In rolling back the Obama Transgender bathroom orders, the federal departments emphasized that President Trump want to, “wants to “further and more completely consider the legal issues involved,” and said that there must be “due regard for the primary role of the States and local school districts in establishing educational policy.”

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