Supreme Court: Transgender teen can't use boys' bathroom for now

The US Supreme Court has jumped in to the nation-wide dispute about which school restroom transgender kids can use. The Court put on hold (technically a "stay") an earlier order from the June 23 order by United States District Court for the Eastern District of Virginia which would have allowed "G.G." to use the high school boys' room. Gloucester County School Board v. G.G. (US Supreme Court 08/03/2016).

The Supreme Court's stay preserves the status quo (before the lawsuit) while the Court decides whether to grant certiorari and review the lower court decision. That decision probably won't come until October.

Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito all voted for the stay. But it takes five votes to grant a stay, so Justice Stephen Breyer voted for it “as a courtesy.” Opposing the stay were Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan – the liberal wing of the Court.

It takes only four votes to grant certiorari, so it looks quite likely that those votes are there, even without Justice Breyer's.