Twenty‑three states recently submitted an emergency brief to the U.S. Supreme Court, arguing that biological‑sex bathroom and locker‑room policies preserve student privacy and safety. The coalition highlighted the urgent need to guard private spaces in schools and sports facilities from policies they say compromise modesty and fairness.
South Carolina leads the push for Supreme Court intervention, requesting immediate relief from a Fourth Circuit ruling. That ruling permitted a transgender ninth-grader—referred to as John Doe—to use the boys’ restroom while the legal battle continues.
South Carolina enacted a provision in July 2024 withholding 25% of state funding from school districts that allow transgender students to use facilities aligned with their gender identity. The state describes this measure as a defense of “privacy and safety in spaces long seen as intimate and vulnerable.”
Meanwhile, supporters of the transgender student’s case argue the injunction from the Fourth Circuit, based on the Gavin Grimm precedent, reflects established constitutional protections under Title IX and the Fourteenth Amendment. The Fourth Circuit’s decision obligates the school district to permit Doe’s use of the boys’ restroom during the appeal.
In response, 23 states—including South Carolina and led by Attorney General Todd Rokita—filed an amicus brief with the Supreme Court, urging justices to uphold policies that segregate intimate facilities by biological sex. Rokita emphasized that no child should be forced into shared spaces that compromise privacy.
“No child should fear for their safety or privacy when using a bathroom, changing in the locker room, or showering after sports. Forcing schools to mix boys and girls in these types of spaces shouldn’t be allowed or tolerated, and we’re going to continue fighting to stop it,” Rokita stated.
The request follows the Supreme Court’s June decision affirming Tennessee’s ban on gender‑affirming care for minors, signaling a possible shift toward recognizing state authority in gender-related education policies. SCOTUS has also slated to review similar laws from Idaho and West Virginia in the upcoming term.
South Carolina frames the request as a necessary defense of bodily privacy and common-sense distinctions between sexes in school settings. Its filing opposes what it portrays as activist overreach that upends traditional norms in intimate spaces.
