Decision time: High court to hear transgender argument

The United States Supreme Court has agreed to hear the case of a high school student who wants to use the boy's restroom at his school, even though he was born a girl.

The court's decision, if it can reach one, could finally put to bed the lingering question over law's such as North Carolina's that require people to use the public restroom of their birth, not their sexual orientation.

But with there being only eight justices on the court just now the question also could go without being answered.

The case in question involves a Virginia student, Gavin Grimm, who was born a girl but lives the life of a boy. He has the backing of the Obama administration, which has said the policy of the local school board requiring him to use the girl's restroom violates Title IX, a federal law that prevents sexual discrimination in public schools. The Obama administration has sued North Carolina over its law that requires students to use the restoom of their biological gender.

The case is expected to be heard this winter, meaning there might well be only eight justices to hear it. That could prove a thorny issue and it underlines the need for the government to hurry up and appoint a ninth justice to prevent deadlocks.

Who will make that appointment will soon be decided.

Published in Editorials on November 2, 2016 9:29 AM