Supreme Court Refuses to Block Injunction Allowing Trans Student to Use Boys’ Restrooms at School

Doe v. South CarolinaEducationLGBTQ EqualityTrans Rights

Sep 10

On September 10, the U.S. Supreme Court rejected the State of South Carolina’s application for a stay of a recent injunction entered by the U.S. Court of Appeals for the Fourth Circuit allowing a transgender high school boy to use boys’ restrooms at school.

The appeals court’s injunction prohibiting the State of South Carolina, the Berkeley County School District, and other defendants from enforcing South Carolina’s statewide school restroom ban against our client, known in the lawsuit as John Doe, will remain in effect as litigation proceeds in the lower courts.

John is the lead plaintiff in the suit, Doe v. South Carolina, a putative class action lawsuit that seeks to overturn the statewide restroom ban.

Wardenski P.C. represents John Doe, the Alliance for Full Acceptance, and the proposed class of transgender students, with Public Justice’s Students’ Civil Rights Project, Correia & Puth, PLLC, and Lee Segui.

In response to the Supreme Court’s order, Alexandra Brodsky, the Litigation Director of Public Justice’s Students’ Civil Rights Project, stated:

“Today’s decision from the Supreme Court reaffirms what we all know to be true: Contrary to South Carolina’s insistence, trans students are not emergencies. They are not threats. They are young people looking to learn and grow at school, despite the state-mandated hostility they too often face. We are so thrilled that our client will continue to be able to use boys’ restrooms while his appeal continues, and hope today’s decision will provide hope to other trans students and their families during these difficult times.”

An appeal in the case is pending in the Fourth Circuit.