The U.S. Supreme Court set March 28, 2017 as the date to hear oral arguments for a transgender rights case stemming from a school district's decision regarding a transgender boy's use of the boys' restroom. In the case the public school district required the student to use alternative private restroom facilities instead of the restroom corresponding to his gender identity.
The Court is reviewing the case of Gloucester County School Board v. G.G. after staying, or putting on hold, a lower court's decision that would have required the school to allow the student to use the restroom corresponding to his gender identity. In reviewing the case, the Court will examine the U.S. Department of Education's authority to interpret its own regulations in favor of transgender rights. Specifically, the Obama administration's Department interpreted its Title IX regulation's prohibition against sex discrimination to include a prohibition against barring transgender students from using the bathroom that corresponds with their gender identity. In this lawsuit, the school challenges the Department's right to do that.
The federal government faces a deadline at the end of February for filing a brief expressing its position in the case. The Obama administration supported the student in the federal appeals court. It is unclear whether the Trump administration will withdraw that support and/or change its position, or whether the Department of Education under Secretary Betsy DeVos will withdraw its guidance in support of transgender rights under Title IX.