Scotus refuses to take the transgender law of South Carolina

On Wednesday, the Supreme Court refused to take a request for South Carolina to enforce its ban on students using public bathrooms that correspond to their gender identity.

The brief and unsigned order represents a small setback for the state in its attempt to tighten policies related to transgender persons. However, a trial on the issue will always take place before the lower courts. Three judges appointed Republicans, Samuel Alito, Clarence Thomas and Neil Gorsuch, would have granted the request of South Carolina.

The High Court ordinance comes after a federal court of appeal has temporarily enjoined the State to enforce its law while the case takes place. The state wanted the Supreme Court temporarily to raise this injunction.

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An supporter of the rights of transgender participates in a rally outside the Supreme Court of the United States. (Getty Images)

The American Court of Appeal for the fourth circuit had granted the injunction at the request of a ninth year student who wanted to use the boys’ bathroom, which did not correspond to the pupil’s sex.

The student’s lawyers, identified as John Doe in the trial, asserted the high court that an emergency break on the prescription of the fourth circuit was not justified given the trial centered on a single student. No other student challenged John Doe using the boys’ toilets, lawyers noted.

“Indeed, no student has ever complained of sharing boys’ toilets with John, who dressed and presented as a boy since he was a young child,” the lawyers wrote.

Scotus rules on the prohibition of the State on gender transition “treatments” for minors in the historic case

A new proposal from the Board of Directors of Florida University Systems would force the university professors to comply with the law of the State by forcing them to use school bathrooms according to their biological sex. (Jeffrey Greenberg / Universal Images Group via Getty Images)

The Supreme Court’s decision to reduce the petition of South Carolina comes after having confirmed a prohibition in Tennessee on certain transgender medical treatments for minors. (Allison Dinner / AFP via Getty Images)

The Supreme Court did not weigh on the advantages of the case, giving little that the court will continue to approach a controversial cultural problem. His prescription comes after the High Court confirmed a prohibition in Tennessee in June on certain transgender medical treatments for minors and that judges are preparing to hear arguments this next term on transgender participation in school sports.

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The lawyers of Southern Carolina referred to this last call, which is about to be a case closely regarded this term, asking judges to allow its prohibition to take effect.

“This affair involves a question responsible for different emotions and perspectives,” wrote lawyers for the state. “This is one more reason to rely on the legislators of the State pending the appeal. The decision was the legislature of South Carolina to be taken.”