SC Asks SCOTUS to Allow State to Enforce Trans Bathroom Policy
South Carolina asks the Supreme Court to be able to fully apply its policy requiring that school districts force that students use only toilets that correspond to their biological sex.
The State filed an emergency request Thursday evening asking the high court to block a prescription from the American Court of Appeal for the fourth circuit demanding that a school in Berkley counts a woman who identifies as a man to use the boys’ toilets.
“South Carolina has adopted this law to protect the privacy and safety of each child from our schools,” said South Carolina Attorney General Alan Wilson in a statement. “But the judges of the activists on the fourth circuit have thrown the common sense and the will of the people to give a particular exception to a student. What about the rights and the security of all the students? Where does it stop? This is judicial activism at its worst, and we retaliate. The South Carolina will not hold ideology.
State legislators have adopted a measure in the expenditure bill for the year 2024 to 2025 conditioning 25% of the public funds appropriate to the school districts of their compliance with a requirement that schools need to have single sex bathrooms according to the biological reality of men and women. The legislators included the measure in their last expenditure bill for the next financial year, and he entered into force on July 1, CBS News reported.
A transgender identification student – who is identified in court documents like John Doe and is a woman who claims to be a man – and his tutors filed a complaint in November 2024, alleging that the provision violates the equal protection clause of the Constitution and title IX. After the Supreme Court confirmed a law of Tennessee which prohibited drugs and sex change surgeries for minors in June this year, a district court of South Carolina made a disputed to the toilet policy. But the fourth circuit earlier this month finally granted an injunction that only applies to the CEE.
Southern Carolina supports in its appeal that the fourth circuit was wrongly informed about a decision in 2020 from a case of Virginia, which revealed a rule of the school board forcing transgender students to use toilets that correspond to illegal biological reality. South Carolina argues that the recent decision of the Supreme Court Tennessee should control the outcome of the case. This decision rejected a constitutional dispute of the law of Tennessee and has referred to the interest of the State to protect minors against experimental treatments. The judges also expressed in competing opinions according to which they do not consider transgender individuals as a suspicious or quasi-respect class.
Read more: The Supreme Court confirms the law of Tennessee prohibiting sexual changes for minors
“This reserve resolutely reflects the will of the General Assembly of Carolina of the South, and therefore the will of the people of South Carolina, due to the almost unanimous approval in the two chambers of the Legislative Assembly,” said the state emergency appeal. “In the end, this choice of policy is that in which the court must rely on the appropriate legislative body.”
Wilson said he would continue to fight for the bathroom policy in the fourth circuit, pending the decision of the Supreme Court.
“This case concerns more than one school district,” said Wilson. “It is a question of knowing whether the not elected judges will prevail over the will of the parents and the legislators, or if the South Carolina and other states will keep the authority to protect the privacy of students in the most sensitive spaces.”
Katherine Hamilton is a political journalist from Breitbart News. You can follow it on x @Thekat_hamilton.
