October 28, 2016agreed to review Gloucester County School Board v. GG, a case involving a transgender student seeking to use the restroom at his public high school.
The Court has limited review to two questions: whether an unpublished agency letter that interprets federal regulations related to a federal law should be given the force of law, and whether the Obama administration’s inclusion of gender identity within the term “sex” is a valid interpretation.
Most observers had believed the Court wouldn’t take up the case in its early stages, and especially with its current lack of a ninth Justice.
The Obama administration has issued guidance letters interpreting the term “sex” in different federal laws to include gender identity. One of the laws is the Education Amendments of 1972 which address public schools. Gloucester County, Virginia’s school board barred the student from using the school restroom and the administration wants to enforce the guidelines to allow him to do so.
The case should be decided by late June 2017.