Supreme Court Rejects South Carolina’s Ban on Transgender Bathroom Use

On Wednesday, the Supreme Court declined South Carolina’s request to uphold a ban preventing transgender students from using bathrooms that match their gender identity in schools.

The emergency order keeps in place a lower court ruling permitting a transgender teenager, referred to as John Doe in legal documents, to use the boys’ restrooms at his school, challenging the state’s policy.

It’s important to note that South Carolina’s denial of the emergency application “is not a ruling on the merits of the legal issues presented in the lawsuit,” the unsigned order stated.

The order went on to clarify that the decision was based on the criteria for obtaining emergency relief from the Court.

Interestingly, Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch expressed interest in granting the application.

The state’s restrictions on bathroom use were also part of the annual budget bill, stipulating that the Department of Education could withhold funds from districts that do not comply with the policy.

This provision was included in the 2024-2025 budget that expired in June and also appeared in the new 2025-2026 budget that took effect on July 1st.

South Carolina Senator Wes Climber, who introduced the budget clause, previously defended the measure, claiming it was aligned with “appropriate policies” and “basic common sense” intended to safeguard children. In a twist, Climber announced he would be running for Representative Ralph Norman’s seat after Norman shifted his focus to the governor’s race.

The Department of Education’s attorneys argue that the budgetary provisions are in violation of Title IX, a federal civil rights law, which prohibits discrimination based on sex. This legal challenge arose after Doe was barred from using the boys’ bathroom at school. Last month, the US Court of Appeals for the Fourth Circuit halted the budget terms as the case proceeded.

“This emergency relief application concerns restroom use for ninth graders,” Doe’s attorney stated.

“It doesn’t present an emergency that would warrant a stay from this court; rather, it suggests an extraordinary intervention amidst an ongoing appeal,” they added.

In their emergency application, South Carolina maintained that their bathroom policies aim to ensure the privacy and safety of all students, a sensitive issue they described as historically intimate and vulnerable.

General Thomas Hittrick, an attorney based in South Carolina, characterized the case as “full of emotions and different perspectives,” but suggested that it would be better served if left to state legislators while the appeal is in process.

As of now, there has been no immediate comment from either the South Carolina Attorney General’s Office or the legal team representing public justice, a nonprofit advocacy organization.

This isn’t the first time the Supreme Court has turned down similar appeals; in 2021, they rejected one from the Virginia Board of Education while allowing a ruling that supports transgender students’ rights to use bathrooms corresponding to their gender identity to stand.

Since 2017, laws restricting transgender individuals from using restrooms and facilities aligned with their gender identity have been enacted in nearly half the states, affecting K-12 schools, colleges, universities, and government buildings.

Since January, the Trump administration has also been attempting to impose similar restrictions on restroom and locker room access in schools nationwide, threatening to cut funding for states and school districts allowing transgender students to use facilities that do not correspond with their sex at birth.