The Supreme Court asked to intervene in the transgender case of student bathrooms

A legal struggle on the bathrooms of public schools and transgender students is now in the hands of the Supreme Court, where the South Carolina Attorney General, Alan Wilson, thinks that it will be a “death of death” for what he calls the “radical and dur-left program”.

The South Carolina asked the Supreme Court to suspend an order from the Federal Court of Appeal granting access to transgender secondary students to boys’ bathrooms, a move that the State has affirmed that clashes with its law requiring the installations to be based on biological sex and occur only a few months after the court has confirmed the prohibition of Tennessee minors.

In an emergency file last week, Wilson, alongside state officials, said the decision left the Berkeley County school district “stuck between an impossible rock and a hard place”.

“I believe that this affair in the fourth circuit, which could ultimately be decided by the Supreme Court of the United States, will be a death of death in this radical and hard left program,” Wilson told Fox News Digital in an interview on Tuesday. “This case does not only concern the state’s ability to protect the privacy and safety of students, but it is the rights of the students themselves to be safe in their schools.”

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South Carolina Attorney General Alan Wilson said the Supreme Court should use United States v. Skrmetti as a basis for retreating the decision of the fourth circuit. (Images Kevin Dietsch / Getty)

The case brings back the rules of bathroom based on biology for students before the highest courtyard of the country, just a few months after the Supreme Court confirmed a state ban on gender transitional treatments for miners – a decision of southern Carolina should guide the lower courts.

“This underlines the importance of the ability of states to protect their own students and their own constituencies within their states,” said Wilson. “This is one of the questions that have been raised in the Skrmetti decision.”

The fourth circuit ruled last month that the student, identified in court documents like “John Doe”, had an exception to use the boys’ toilets while waiting for the trial. The decision is strongly based on Grimm c. School board of the county of Gloucester, where the court judged that the ban on a transgender boy to use the boys’ toilets violated the equal protection clause and title IX.

But the managers of the South Carolina argue that Grimm is a “discredited aberrant value” overwhelmed and that the federal courts should follow the decision of the United States against Skrmetti, because “the complainants are unlikely to prevail”, according to the emergency injunction. In Skrmetti’s decision, the judges ruled in favor of the prohibition of Tennessee on medical transitional procedures for minors.

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Activists for and against Trans rights demonstrate outside the Supreme Court before the United States’s start to Skrmetti on December 4, 2024. (Images Bill Clark / CQ-Roll Call, Inc./getty)

“As this court and the fourth circuit have recognized it, a main reason for this rooted agreement is the promotion of privacy,” said the emergency file. “But recent social developments have sought to change this. In the past fifteen years, the number of children and adolescents suffering from gender dysphoria has skyrocketed.”

The contested law of South Carolina, promulgated in July 2024, states that school districts are likely to lose 25% of the financing of the Ministry of State Education if they allow transgender students to use different installations of their biological sex.

Doe and his parents continued the state for the first time in November 2024.

In January, the Trump Administration Department ordered the schools and colleges from kindergarten to 12th year to strictly recognize title IX protections on the basis of organic sex – rewriting the Biden administration rule in 2024. Title IX is federal law which prohibits discrimination based on sex in any program or activity receiving government funding. According to the rule of former president Joe Biden in 2024, the term “sex” was extended to cover gender identity and sexual orientation.

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The Southern Carolina General Prosecutor Alan Wilson, and state officials filed an emergency injunction asking the Supreme Court to weigh on the decision of a lower court allowing a transgender boy to use men’s toilets in the Berkeley County school district. (Tracy Glantz / The State / Tribune News Service; Sara D. Davis / Stringer)

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Doe’s lawyer Alexandra Zoe Brodsky told Fox News Digital in a press release that “South Carolina wants the Supreme Court to appeal to the intervention in an appeal in the lower court – all because the state wants to prevent a pupil of ninth from the use of boys’ toilets while this call proceeds.”

“This case does not present the type of emergency which would justify such an intervention,” continued the press release. “As the chief judge of the fourth circuit recently observed,” there is no evidence that the use (of our customers) of the boys to the toilets even has a distant possibility of anyone. But the proof of state hostility towards him is overwhelmed. “Indeed, no classmate has ever complained of our client using boys toilets.

The Supreme Court could issue an emergency response on Friday. The court’s decision could occur without a complete briefing or oral argument, as is typical of the decisions rendered outside the normal and complete process of the High Court.