As we noted was a possible outcome in our prior analysis of the Trump Administration’s withdrawal of the Obama-era guidance on facilities use by transgender students, the Supreme Court has remanded Gloucester County School Board v. G.G. without issuing a decision. Prior to this remand order, the Court was set to decide whether Title IX required schools to allow access to sex-segregated facilities according to each student’s “internal sense of gender” as opposed to their “biological gender,” as specified in the school policy at issue. The Supreme Court’s views on that topic will remain unknown until (and if) the Court elects to review another case presenting the same question.
After the Trump Administration withdrew the guidance, the Solicitor General’s office sent a letter to the Supreme Court to inform it of the policy change. The Court then ordered both parties in the case (the student and the school district) to submit letters expressing views on how the case should proceed. Both the school district and the student urged the Court to retain the case, hear oral argument, and decide the merits. Continue Reading Supreme Court Remands Case Involving Facilities Use by Transgender Students Without Decision