Supreme Court kicks transgender bathroom case to lower court following Trump administration action

The Supreme Court on Monday sent back to a lower court a case on the legality of federal policy on bathroom access for transgender people.

The high court vacated and remanded Gloucester County School Board v. G.G. to the 4th Circuit Court of Appeals after the Justice Department and Department of Education issued new guidance last month removing the Obama-era rules.

The Obama administration’s guidance called on public schools nationwide to allow transgender students to have access to the bathroom that matches their self-professed gender identity and threatened to block federal funding from schools that didn’t comply.

Under the Trump administration’s guidelines, states will be able to individually interpret whether the protections under the Education Amendments Act’s Title IX apply to transgender students.

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