On Sept. 10, the U.S. Supreme Court ruled that a transgender boy may use the boy’s bathroom in a South Carolina public high school while pursuing a challenge to a state law that requires students to use the bathrooms corresponding to their sex assigned at birth.

The order, which was unsigned by any of the justices, did not provide reasons for the court’s decision, but made clear that it applied only to the one student in this case. The order specifically stated that it was “not a ruling on the merits of the legal issues presented in the litigation” and was instead “based on the standards applicable for obtaining emergency relief.”

It should be noted that Justices Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch filed dissents to the order, though they did not provide any explanation for their opposition.

This is not the first time the highest court in the nation has addressed trans rights in the country.

In 2020, the Supreme Court ruled in Bostock v. Clayton County that federal law prohibits anti-trans discrimination in employment. Despite this significant victory for trans rights, in June the court upheld a Tennessee law banning gender-affirming medical care for trans minors in U.S. v. Skrmetti. That ruling, which suggested the court could be used to remove protections for trans people, has contributed to increased scrutiny and the reconsideration of previous rulings favorable to trans rights, placing broader LGBTQ protections at risk.

The recent order comes as the Supreme Court prepares to hear two cases involving trans athletes and their rights to participate in sports under Title IX, the federal civil rights law that prohibits discrimination based on sex in educational programs and activities that receive federal funding. Advocates for trans rights have expressed concern that these upcoming cases could further challenge the legal landscape surrounding gender identity in schools and other public institutions.

Washington Blade courtesy of the National LGBTQ Media Association.