South Carolina is seeking the Supreme Court’s support to enforce policies that require school districts to direct students to use bathrooms aligned with their biological sex.
Recently, the state filed a request to the High Court to halt a ruling from a U.S. Court of Appeals. This ruling mandates that students identifying as male in Berkeley County Schools must use boys’ facilities.
Attorney General Alan Wilson stated, “South Carolina enacted this law to safeguard the privacy and safety of all children. However, the activist judge in the Fourth Circuit has overlooked the majority’s will to favor one student. What about the rights and safety of the other students? Where does this lead us? This is egregious judicial behavior. I’m determined to defend this cause as South Carolina prioritizes child safety.”
Lawmakers in the state have incorporated measures into a conditional spending bill for the fiscal year 2024-2025. A quarter of the funds are designated for school districts, based on the requirement that schools operate bathrooms in line with biological realities. This measure was included in the latest expenditure bill which took effect on July 1, according to reports.
A transgender student, referred to as John Doe in legal documents and identifying as male, has his parents filing a lawsuit claiming a breach of the Constitution’s Equal Protection Clause and Title IX. This challenge to the restroom policy arose after the Supreme Court upheld a Tennessee law in June that prohibits gender-altering treatments for minors. The Fourth Circuit later granted an injunction specific to the Department of Education.
South Carolina argues that the Fourth Circuit mistakenly relied on a 2020 ruling from a Virginia case, which concluded that transgender students were improperly allowed to use facilities contrary to biological norms. The state believes the recent Tennessee ruling should govern this situation, as it supported the notion of protecting minors from experimental treatments without viewing transgender individuals as a suspect class.
“This reflects the leanings of the South Carolina legislature, exhibiting near-unanimous approval across both legislative chambers,” the state’s emergency appeal states. “Ultimately, this is a policy matter for the legislature, not the courts.”
Wilson plans to await the Supreme Court’s decision while continuing his efforts regarding the restroom policy in the Fourth Circuit.
As Wilson expressed, “This issue extends beyond a few school districts. It’s about whether appointed judges can override the decisions of parents and lawmakers, or if states like South Carolina can uphold student privacy in crucial areas.”
