- The Washington Times - Wednesday, July 13, 2016

A Virginia school board filed an emergency appeal Wednesday to the U.S. Supreme Court, asking for a stay of a lower-court ruling forcing it to regulate school bathrooms on the basis of gender identity.

The Gloucester County School Board implored Chief Justice John Roberts to put the lower-court ruling on hold. The chief justice can grant the appeal on his own, or refer the decision to the entire, eight-member Court. Five votes would be necessary in order to grant the stay.

The appeal comes after the U.S. Court of Appeals for the 4th Circuit ruled the school district must allow a transgender student, Gavin Grimm, 17, access to boy’s restrooms.

The school had created several unisex, private stalls for gender nonconforming students to use, but the circuit court ruled that policy violated Title IX, which bars discrimination in education on the basis of “sex.”

The 4th Circuit is the highest court to rule on the increasingly contentious issue.

Twenty-three states have sued the Obama administration over an edict compelling public schools nationwide to regulate intimate facilities on the basis of gender identity. Schools that do not comply with the order risk losing federal education funding.

The states argue the federal government misinterpreted Title IX in the order and unconstitutionally undermined state sovereignty.

The U.S. Justice Department and the state of North Carolina have also exchanged lawsuits over a state law regulating public facilities on the basis of sex. The Justice Department argues that law violates Title IX and other federal nondiscrimination statutes.

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