Supreme Court Declines To Hear Oregon Case Challenging Transgender Bathroom Policy

Topline

The Supreme Court Monday declined to hear a case challenging an Oregon school district’s decision to allow transgender students to use bathrooms aligning with their gender identity, a victory for LGBTQ and civil rights groups from the conservative court.

Key Facts

Crucial Quote

“This one was a mess but there will be more. And states are gearing up to pass even more dangerous anti-trans laws. We need to keep building momentum to defend the rights of trans youth, which are under attack in truly terrifying ways,” tweeted Chase Strangio, deputy director for transgender justice at the ACLU.

Key Background

 Republicans tried to pass a spate of anti-trans bathroom bills in 2016 and 2017, but their efforts largely failed after widespread outrage, threats of boycotts and court decisions against them. North Carolina’s measure, which was passed in March 2016, resulted in national condemnation. PayPal nixed a planned expansion in the state and the NCAA refused to hold championship events there, and eventually the state legislature came to a compromise to repeal the law.

What To Watch For

Though bathroom bills largely failed, the next battleground over trans-inclusive policies at schools is in athletics, specifically the policy of allowing transgender girls to compete in women’s sports. The Department of Education under Betsy DeVos, for example, threatened to withhold federal funding from states with trans-affirming athletics policies. And in October, Franklin Pierce University in New Hampshire was forced to rescind its trans-inclusive guidelines after action from the Department of Education.