After President Donald Trump reversed Obama-era Education Department policies, the U.S. Supreme Court has backed away from reviewing an appeals court decision that allowed a student who was born a girl to use boys’ bathrooms in school.
Last month, Trump rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title IX of the Education Amendments of 1972, which barred federally funded schools from discriminating on the basis of sex, according to Fox News.
On Monday, the justices sent a case involving a transgender student back to the 4th U.S. Circuit Court of Appeals in Virginia — which had earlier ruled in the student’s favor — for reconsideration in light of the new policy in place at the federal Department of Education.
According to KTLA, the appeals court had ruled that the student, Gavin Grimm, could use the boys’ restroom at Gloucester High School in Gloucester Courthouse, Virginia.
Under former President Barack Obama’s directive, Grimm and other transgender students could use bathrooms that corresponded with what they claimed was their gender identity.
It is now back up to states to decide policies for transgender students. Trump indicated on the campaign trail that he believed the authority of such matters belonged to the states, not the federal government.
It’s hard to disagree with that reasoning: The less involved the federal government is in our lives, the better off we will be.
While the decision doesn’t necessarily kill the case, it will make it more difficult for transgender people to file anti-discrimination cases using Title IX law because the Education Department no longer equates “sex” with gender identity.
Transgenders can, and probably will, still pursue cases based upon the Equal Protection Clause of the 14th Amendment.
While the court’s decision is a major setback for gender-bending leftists in America, it is a victory for conservatives, science and traditional values.
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