Law & Courts

Supreme Court Rejects Bid to Block Transgender Boy From Male Restrooms at School

By Mark Walsh — September 10, 2025 2 min read
The Supreme Court building is seen on April 30, 2025, in Washington.
  • Save to favorites
  • Print

The U.S. Supreme Court late Wednesday denied a request by South Carolina to pause a federal appeals court injunction allowing a 9th grade transgender boy to use school restrooms consistent with his gender identity while he challenges a state ban restricting that right.

Over the dissent of three justices in South Carolina v. Doe, the court said in a brief order that the denial was “not a ruling on the merits of the legal issues presented in the litigation. Rather, it is based on the standards applicable for obtaining emergency relief from this court.”

The court’s action comes amid a growing national debate over transgender rights in schools and at a time when the Supreme Court is receiving more appeals over issues such as gender-support plans for students who are gender-transitioning. In its new term that begins next month, the court will hear arguments in two cases involving transgender students’ participation in girls’ and women’s athletics.

The three dissenters in the South Carolina case were justices Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch.

They did not write an opinion, but twice last term, Alito wrote dissents, joined by Thomas, when the court declined to take up cases involving a school district’s gender-identity support policies and a student who was barred by his school from wearing a T-shirt with the message, “There are only two genders.”

In each, Alito said the cases presented issues of “great importance” for the nation’s schools and students.

A student’s challenge to a state budget provision

The South Carolina case involves a 9th grader identified as John Doe of the Berkeley County school district, who challenged a 2024 state budget measure requiring students to use restrooms based on their sex assigned at birth. The measure was renewed in June for the 2025-26 state budget.

The student argued the measure conflicts with a prevailing precedent of the U.S. Court of Appeals for the 4th Circuit, in Richmond, Va., which held in 2020 that schools must allow transgender students to use restrooms consistent with their gender identity under Title IX—the federal law banning sex discrimination in schools—and the 14th Amendment’s equal-protection clause. That 2020 decision stemmed from the case of Gavin Grimm, a transgender student who sued his Virginia school district in the mid-2010s.

In August, a 4th Circuit panel granted a preliminary injunction blocking the South Carolina ban, ruling that Doe was likely to succeed on the merits of his case and that “Grimm remains the law of this circuit.”

South Carolina went to the high court with an emergency request to pause the injunction and keep Doe out of boys’ restrooms.

The state said “Grimm was wrongly decided and should (and may soon) be overturned,” and that the school district was in “a rock and a hard place” between the 4th Circuit precedent and the Trump administration’s interpretation of Title IX requiring school districts to make students use restrooms matching their sex assigned at birth.

Indiana and 23 other Republican-led states filed a friend-of-the-court brief supporting South Carolina.

Lawyers for Doe told the high court in a brief that, among other reasons, the injunction “applies only to one student at one school” and “no student has ever complained about sharing a boys’ restroom with John.”

A Supreme Court decision to pause the injunction would “irreparably harm John, … whose education and well-being depend on his ability to use boys’ restrooms,” Doe’s brief said.

Events

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Blueprints for the Future: Engineering Classrooms That Prepare Students for Careers
Explore how to build career-ready engineering programs in your high school with hands-on, real-world learning strategies.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Cardiac Emergency Response Plans: What Schools Need Now
Sudden cardiac arrest can happen at school. Learn why CERPs matter, what’srequired, and how districts can prepare to save lives.
Content provided by American Heart Association

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Minn. Districts Ask Judge to Restore Immigration Enforcement Limits by Schools
Two districts say the policy change hurt attendance and cost them students.
3 min read
Fridley Superintendent Brenda Lewis speaks during a news conference in February at the Minnesota State Capitol.
Superintendent Brenda Lewis of the Fridley, Minn., school district speaks during a news conference in February 2026 at the Minnesota State Capitol. The Fridley district is one of two Minnesota school districts suing the U.S. Department of Homeland Security in an effort to restore restrictions on immigration enforcement in and near schools.
Carlos Gonzalez/Minnesota Star Tribune via TNS
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP
Law & Courts Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit