February 3, 2017released its calendar for its sitting beginning on March 20, and the calendar lists Gloucester County School Board v. GG as set for Tuesday, March 28.
The case involves a transgender high school student seeking to use the correct restroom at his public school in Virginia.
The Fourth Circuit had ruled earlier that the Obama administration’s guidelines related to transgender employment and bathroom use, which accepted that the term “sex” applies to gender identity as well, deserve deference under current Supreme Court precedent. The case is challenged on the basis that the cases giving deference to those agency decisions should be overruled, and also on the basis that Title VII and the Education Amendments themselves, in their references to “sex”, are referring to “biological” sex only.
The case will have implications across the board for inclusion of transgender rights in employment and education law.
The Trump administration has not weighed in on whether it will keep the Obama administration’s guidelines or its position in favor of the student in the case. The administration’s decision could potentially impact the case: the Court could still hear it even if the guidance is withdrawn and the administration wants a ruling in favor of the school board, because there’s a statutory interpretation question in the case over the word “sex”; on the other hand, that question wasn’t ruled on by the Fourth Circuit, so the Court could conceivably send the case back for that question to be decided.
GG’s brief is due by February 23, and friend of the court briefs in his favor are due a week later.
SCOTUSBlog notes: [I]t is unlikely that Judge Neil Gorsuch, President Donald Trump’s nominee to fill the vacancy created by Scalia’s death, will be confirmed and ready to hear oral arguments by the time the March sitting starts on March 20.”