8.08.2016

SCOTUS Halts Transgender Bathrooms in Virginia Schools

The Supreme Court of the United States has stopped an effort to allow boys access to the girls bathrooms in a Virginia school district, at least until they can decide if they will review the Gloucester County School board’s case. Justice Stephen Breyer said in a statement that he concurred with Chief Justice Roberts, and Justices Thomas, Souter, and Alito in the 5-3 action as a “courtesy,” because the hold will “preserve the status quo.”  This is not a matter of courtesy, however, but one of safety for a child’s best interests.  It is interesting that the High Court itself was split along gender lines, with the male Justices voting essentially against letting boys in girls bathrooms, while the female Justices seemed to favor the policy of letting boys and men into girls bathrooms.

Alliance Defending Freedom attorneys filed a friend-of-the-court brief on behalf of 50 concerned parents, students, grandparents and community members urging the court to reverse the lower court’s decision. Jeremy Tedesco is an ADF allied attorney, and a Regent Law graduate.  He stated, “Schools have a duty to protect the privacy and safety of all students. The Supreme Court did the right thing in placing the 4th Circuit panel’s mandate and the preliminary injunction entered by the district court on hold until the high court itself has a chance to decide if it will take up this case.”  For more info see the Family Policy Alliance.

Whenever the law affects children courts are required to apply the best interests of the child standard to any ruling.  Integrating boys and men into girls bathrooms will not adhere to that standard.

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