House Minority Leader Nancy Pelosi called the Supreme Court’s decision not to weigh in on a transgender bathroom case “a disappointing detour,” but noted that the decision “does not change” federal law protecting transgender students.
The 4th Circuit Court of Appeals had ruled in favor of a transgender public school student who sought to use the bathroom corresponding with his gender identity. The high court vacated that decision, and sent the case back to the 4th Circuit for reconsideration.
Pelosi noted that the Supreme Court’s decision came soon after the Trump administration “callously withdrew guidance protecting transgender students.” The Trump administration recently rescinded guidance sent last year by the Obama administration that essentially required public schools to allow transgendered students to use bathrooms and locker rooms corresponding to their gender identity.
Pelosi said she is “confident” the court will ultimately rule in favor of transgendered students who want to use the bathroom that matches their gender identity.
The 4th Circuit must now reconsider the case without the Obama guidelines, although the Supreme Court is expected to at some point consider transgender cases from other courts.
“We are confident the court will ultimately rule in support of LGBT children’s right to live and learn free from discrimination,” Pelosi said.
