The U.S. Supreme Court voted 5-3 and stayed the 4th Circuit’s ruling that a transgender student in Virginia could use whatever restroom they wanted. It came as a bit of surprise that Justice Stephen Breyer sided with his conservative colleagues. Creighton University law professor Patrick Borchers says this is a temporary ruling and it is difficult to predict what the court will do.
Borchers says, “It really comes down to what is meant by sex in title IX. Whether you are talking about anatomy or whether you are talking about what is going on in your head.”
The outcome? Borchers says when the issue returns to the Supreme Court, Justice Breyer could change his mind and the vote would end up 4-4. He says we may have a new justice and that will depend on his or her opinion so everything is in play.
The court voted 5-3 yesterday in favor of the school board. The 4th Circuit Court early ruled in favor of the student. It was last May that the Justice Department ruled that public schools must allow transgender individuals to use facilities they identify with or risk losing federal funding. Nearly half of all states filed suit to prevent this ruling from taking effect.