South Carolina Asks Supreme Court to Reinstate Transgender Bathroom Ban for 13-Year-Old Student

WASHINGTON, D.C. – South Carolina officials have asked the U.S. Supreme Court to enforce the state’s transgender bathroom ban against a 13-year-old student, challenging a lower court decision that allowed the boy to continue using boys’ restrooms at his school.

Appeal Follows Fourth Circuit Ruling

Earlier this month, the Fourth Circuit Court of Appeals granted an injunction permitting the student — identified as John Doe — to keep using boys’ facilities while his case proceeds. The panel cited its 2020 ruling in Grimm v. Gloucester County School Board, which found restrictions on restroom use unconstitutional under Title IX and the Equal Protection Clause.

South Carolina’s petition argued that the injunction undermines state law and parental expectations. In its filing, the state pointed to the Supreme Court’s June decision upholding Tennessee’s gender-affirming care ban, claiming that “social gender transition,” including bathroom use, qualifies as treatment for gender dysphoria, Courthouse News Service reported.

Student’s Experience at School

John Doe had been living openly as a boy for more than a year before entering Cane Bay Middle School in 2024. Initially, he used boys’ restrooms without incident from classmates. But after staff raised objections, school administrators restricted him to the girls’ bathroom or the nurse’s single-use facility.

When Doe refused to comply and continued using boys’ restrooms, he was suspended. His parents eventually withdrew him, citing harassment by both teachers and peers. The family’s lawsuit argues that the ban discriminates against him solely on the basis of gender identity.

Advocates Oppose State’s Petition

Attorneys representing Doe condemned the state’s emergency appeal to the Supreme Court. Alexandra Brodsky, litigation director for Public Justice’s Students’ Civil Rights Project, said:

“South Carolina wants the Supreme Court to take the extraordinary remedy of intervening in an ongoing lower court appeal — all to stop one ninth grader from using boys’ restrooms. This is not an emergency; it’s state-mandated discrimination.”

Brodsky emphasized that no classmates had complained, saying the conflict stemmed only from school staff. “South Carolina is rushing to the Supreme Court to get a permission slip to stigmatize a child who just wants to go to school in peace,” she added.

State Defends Its Law

The state countered that lawmakers acted within their authority when they passed budget provisos in 2024 and 2025 requiring students to use restrooms based on biological sex. Officials argued that ignoring those measures could discourage “gender-congruent students” from using public facilities at school.

“The bottom line: the Proviso is a validly enacted law representing the people of South Carolina’s considered judgment about the harms of allowing male students to use female restrooms and vice versa,” the petition stated.

What Happens Next

The Supreme Court has not yet announced whether it will hear South Carolina’s request. Legal experts note that the justices are preparing to consider several high-profile cases on transgender rights next term, including health care restrictions and athletic participation bans.

For now, the Fourth Circuit’s injunction remains in place, allowing John Doe to continue using boys’ restrooms at school.

Do you believe the Supreme Court should uphold South Carolina’s transgender bathroom law, or protect student rights affirmed by the Fourth Circuit? Share your thoughts in the comments and join the conversation at SaludaStandard-Sentinel.com.