School board asks U.S. high court to de­lay hear­ing trans­gen­der case

Austin American-Statesman - - MORE OF TODAY’S TOP NEWS - By Mark Sher­man and David Crary

The Vir­ginia school board that wants to keep a trans­gen­der teen from us­ing the boys’ re­stroom at his high school is call­ing on the Supreme Court to de­lay con­sid­er­a­tion of the case to al­low the Trump ad­min­is­tra­tion to weigh in.

A de­lay also could al­low time for Se­nate con­fir­ma­tion of Judge Neil Gor­such to the Supreme Court.

The Glouces­ter County school board said in a let­ter to the court Wed­nes­day that the jus­tices should de­cide whether the fed­eral anti-sex dis­crim­i­na­tion law for ed­u­ca­tion ap­plies to high school se­nior Gavin Grimm and other trans­gen­der stu­dents. But the board also says the court should get more in­put from the Trump ad­min­is­tra­tion be­fore it hears the case.

Ar­gu­ment cur­rently is sched­uled for March 28. The school board sug­gests a de­lay of at least a month.

Gor­such’s Se­nate hear­ing is sched­uled to be­gin March 20 and Se­nate Ma­jor­ity Leader Mitch McCon­nell has said he wants a vote on Gor­such’s con­fir­ma­tion be­fore the sec­ond week in April.

In a sep­a­rate let­ter to the court Wed­nes­day, the Amer­i­can Civil Lib­er­ties Union said on be­half of Grimm that the court should de­cide the reach of the anti-dis­crim­i­na­tion law known as Ti­tle IX.

The court fil­ings were prompted by the ad­min­is­tra­tion’s de­ci­sion last week to with­draw an Obama ad­min­is­tra­tion di­rec­tive to schools across the coun­try that chil­dren should be al­lowed to use re­strooms that match their gen­der iden­tity. The ad­min­is­tra­tion said the de­ci­sion should be left to state and lo­cal of­fi­cials.

The Obama era guid­ance was the ba­sis for an ap­peals court rul­ing in Grimm’s fa­vor. No ap­peals court has yet ad­dressed the is­sue in the ab­sence of the guid­ance.

The jus­tices could hear the case in March.

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