We’ve been following the case of Gavin Grimm, a transgender high school senior in Virginia, and his quest to find a fucking bathroom to use at school. Grimm sued the Gloucester County School Board for the right to use the potty what matches his gender identity, and the district court ruled against him. But then the 4th Circuit Court Of Appeals marched in and said actually, as per Title IX, the school board has to let Gavin use the boys’ bathroom, because to do otherwise would be gender discrimination. The Obama administration has even supported his case, as it has been hammering its interpretation of Title IX for a while now!instructed the school board to pound sand, because truly, Gavin has GOT to pee. So, of course, the school board appealed to the Supreme Court, which hasn’t yet granted cert to the case. They also asked SCOTUS to put a hold on the 4th Circuit’s ruling.
So SCOTUS told them to fuck off, right? Nope! Instead, they did a shitty thing, courtesy of Justice Stephen Breyer, who usually knows how to act right, so we don’t know what his fucking problem is right now:
The U.S. Supreme Court agreed Wednesday to put on hold a federal judge’s order in the growing controversy over restrictions on the use of bathrooms by transgender students.
Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan dissented and said they would not have put the ruling on hold.
Wednesday’s order means the student, Gavin Grimm, will not be able to use the restroom of his choice when school starts.
Cool. Gavin is, again, a senior in high school, and he gets to wait and wait to see if SCOTUS wants to give him a fucking hall pass to visit the toilet.
Here’s where Stephen Breyer comes in:
Breyer wrote that he joined in granting the stay, as well as recalling the mandate of the appeals court decision, “as a courtesy” because four other justices — Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito — were voting to grant the stay and “granting a stay will preserve the status quo (as of the time the Court of Appeals made its decision).” Breyer cited to his dissent in Medellín v. Texas — a death penalty case in which he was unable to secure a so-called “courtesy fifth” vote for a stay of execution — as further explanation of why he granted the stay in Wednesday’s decision.
That’s the same. A stay of execution, a stay of a high school kid being allowed to take a crap. Thanks, Justice Breyer, for all your “courtesy.”
So that’s where things stand right now. If SCOTUS doesn’t take the case, the 4th Circuit’s ruling will stand and Gavin Grimm can use the goddamn potty. If SCOTUS hears the case, he gets to wait as long as it takes, and maybe sometime when he’s in college, he’ll have his final answer on whether he’s allowed to smoke in the boys’ room, in high school.