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

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 & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
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
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
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
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

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 Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP