FYI.

This story is over 5 years old.

Sex

The Supreme Court May Decide the Future of Trans Bathroom Laws

The justices will have the opportunity to provide some clarity on how states should treat transgender people, starting with the bathroom.

The Supreme Court is poised to clarify whether transgender people should be able to use the bathroom they identify with, wading into an issue that has divided the country over the past year, the New York Times reports.

The High Court will hear a case centering on the Gloucester school district in southeast Virginia, which is challenging the Obama administration mandate from last May to accommodate transgender students or risk losing federal cash. Parents apparently complained to the board about Gavin Grimm, a 17-year-old transgender student, who started using the boy's bathroom at Gloucester High after transitioning in 2014. The school board banned his use of the men's room, but Grimm's lawyers filed and won an appeal. The Supreme Court has since issued a halt to the appeal, compelling Grimm to use a unisex bathroom until it hears the school board's challenge.

"This whole process has been a lot about just being able to be myself," Grimm told VICE News recently. "Being able to perform a basic function of the human existence. Everyone has to relieve themselves, and that's not something anyone should have to think too hard about, and it's unacceptable that I have to."

If a ninth justice still hasn't been appointed by the time the case hits the court, the ruling could come out in 4–4 decision, which would automatically allow Grimm to go back to using the boy's bathroom (by deferring to the lower court). Any other outcome would likely create a national precedent around transgender rights issues for years to come.

Read: Obama Says Transgender Students Can Use Any Bathroom They Want