Supreme Court denies South Carolina’s emergency request to enforce anti-transgender school bathroom policy

The U.S. Supreme Court has refused South Carolina’s request for an emergency order to enforce a law that prevents transgender students in state‑funded schools from using bathrooms matching their gender identity. 

In a 6‑3 vote on Wednesday, the Court denied the application. The order was one page, unsigned, and made clear that the decision is not a determination on the legal merits of the case; rather, it reflects the Court’s standards for when emergency relief is appropriate. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, but they did not elaborate their reasoning. 

The contested law, included in South Carolina’s budget proviso since July 2024, threatens to cut 25% of state funding for public K‑12 schools if they allow transgender students to use restrooms that align with their gender identity rather than their sex assigned at birth.  Earlier, the 4th Circuit Court of Appeals blocked enforcement of this law, finding that it likely violates Title IX and the Equal Protection Clause of the U.S. Constitution. 

The lawsuit was filed on behalf of a transgender middle school boy, identified by a pseudonym, who was suspended for using the boys’ restroom.

South Carolina’s Attorney General, Alan Wilson, responded by saying that although they are disappointed, they will comply with the ruling and still believe the law is defensible and will eventually be upheld. 

Importantly, this decision does not block the state from renewing the case, or taking it up again in the Supreme Court at a later stage. The Court has related cases about transgender rights in its pipeline, including ones from Idaho and West Virginia that deal with bans on transgender students assigned male at birth participating in girls’ and women’s sports.

SOURCE: POLITICO