Washington — South Carolina officials asked the Supreme Court to allow the state to fully enforce a measure that makes some education funding contingent upon school districts complying with a rule prohibiting transgender students from using restrooms corresponding with their gender identity.
The state’s request for emergency relief from the high court stems from a federal appeals court ruling that blocked South Carolina officials from enforcing its restroom policy against a transgender high school student, identified in court papers as John Doe.
South Carolina’s General Assembly included the restriction in a spending bill for fiscal year 2024 to 2025. The provision, which initially expired at the end of June, conditions 25% of state funds appropriated to school districts on their compliance with a requirement that public school restrooms designated for one sex are used only by members of that sex.
State lawmakers included the restriction in their latest spending measure for the new fiscal year, and it took effect July 1.
Doe, a transgender student enrolled at a public school in Berkeley County, South Carolina, and his guardians filed a lawsuit last November alleging that the so-called restroom-related provision of the legislation violates the Constitution’s Equal Protection Clause and Title IX.
Under the provision’s definitions, Doe, who identifies as male, was classified as a “female” and therefore could not use the boys’ restrooms at school, according to court filings.
On the heels of the Supreme Court’s June decision upholding a Tennessee law restricting access to gender-affirming care for minors experiencing gender dysphoria, a South Carolina district court paused the challenge to the state’s bathroom policy and denied a request from Doe to block the measure while litigation continues.
Then, earlier this month, the U.S. Court of Appeals for the 4th Circuit granted an injunction when it came to Doe. The court blocked South Carolina and its Department of Education from enforcing its policy prohibiting transgender students from using restrooms that correspond with their gender identities, but only against Doe.
In its ruling, the 4th Circuit cited its 2020 decision in a case brought by Gavin Grimm, a transgender student who challenged his school’s restroom policy. The appeals court found that a rule by a Virginia school board requiring transgender students to use restrooms that correspond with their biological sex was unlawful.
Grimm’s case had been before the Supreme Court in 2017, but the court sent the dispute back to the lower courts. Then, in 2021, the high court declined to take up the case for a second time, leaving the 4th Circuit ruling in Grimm’s favor in place.
In blocking enforcement of South Carolina’s policy against Doe, the 4th Circuit said that its decision in Grimm’s case “remains the law of this Circuit and is thus binding on all the district courts within it.”
South Carolina officials asked the high court to intervene, arguing that its restroom policy does not classify or discriminate on the basis of sex, and does not discriminate against transgender students.
“This Proviso resoundingly reflects the will of the South Carolina General Assembly, and therefore the will of the people of South Carolina, due to near unanimous approval in both chambers of the legislature,” state officials wrote in their emergency appeal. “Ultimately, this policy choice is one in which the Court must defer to the appropriate legislative body.”
They argued that the request seeks to restore the status quote, thus “preserving voters’ will and protecting the privacy of South Carolina public school students while this case is litigated on appeal.”
Melissa Quinn is a politics reporter for CBSNews.com. She has written for outlets including the Washington Examiner, Daily Signal and Alexandria Times. Melissa covers U.S. politics, with a focus on the Supreme Court and federal courts.
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