South Carolina asked the Supreme Court to uphold its ban on transgender bathrooms in the state's schools
State Solicitor General Thomas Hydrick explained that even though the case posed a situation fraught with divergent perspectives and conflicting "emotions," it was necessary to respect the lawmakers' decision as the appeal moves forward.
File image of the Supreme Court in Washington DC.
South Carolina asked theSupreme Court Thursday to allow it to enforce a statewide ban on transgender students using bathrooms they deem to match their gender identity in schools. The state asked the justices in an emergency appeal to overturn a federal appeals court ruling that blocked a budget provision from going into effect that required the South Carolina Department of Education to withhold much of the funding to those districts that violate the measure.
In that appeal, the state attorney general, Thomas Hydrick, explained that, even though the case posed a situation fraught with divergent perspectives and conflicting "emotions," it was necessary to respect the lawmakers' decision as the appeal progressed. "That is all the more reason to defer to state lawmakers pending appeal,” he argued in the filing. The end of this litigation will confirm that it made a valid one," said Hydrick, who also noted that South Carolina's bathroom policy is "designed to protect the privacy and safety of all students in a space that has historically been recognized as intimate and vulnerable."
South Carolina's request comes at a time when the Supreme Court has in recent months issued favorable outcomes for more conservative positions on various LGBTQ-related issues. The most recent occurred in June, when the justices ruled, after a 6-3 final score, to uphold the state of Tennessee's ban on gender-affirming health care for minorswho desire it.
Appeals court ruled in favor of transgender student.
A transgender teenager - whose name was not released - and his parents challenged the ban after he was suspended from school for using the boys' bathroom. In the face of that controversy, the 4th Circuit Court of Appeals ruled in his favor earlier this month and allowed him to use the boys' restrooms while the court case continued.
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