A scrap of decent news today for human rights.

The U.S. Supreme Court declined to take up the case of a transgender male Virginia student whose school district had refused to allow him to use male restrooms. From the Washington Post some background:


In a 2-to-1 decision last August, the U.S. Court of Appeals for the 4th Circuit said the school board had practiced sex-based discrimination and violated the 14th Amendment by prohibiting Grimm, a transgender student, from using the bathroom that aligned with his gender identity. His high school offered a single-stall restroom as an alternative.

“At the heart of this appeal is whether equal protection and Title IX can protect transgender students from school bathroom policies that prohibit them from affirming their gender,” wrote Judge Henry F. Floyd in the majority opinion joined by Judge James A. Wynn. “We join a growing consensus of courts in holding that the answer is resoundingly yes.”


The Supreme Court’s refusal to hear the case — Justices Alito and Thomas would have taken it — sets no precedent. But it helps the cause. And it continues a tide in favor of sexual minorities in gender and sexual identity issues that runs against that of the Arkansas legislature.