The U.S. Supreme Court on September 10, 2025, declined South Carolina’s emergency request to enforce a state law barring transgender students from using the bathroom that aligns with their gender identity. The decision clears the way for a lower-court injunction to stand, effectively preventing enforcement of the policy while legal battles continue. The brief, unsigned order clarified that it does not reflect a judgment on the merits of the case, but rather rests solely on the strict standards for emergency relief. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.
South Carolina enacted the controversial law as part of its 2024 budget, which mandates a 25 percent funding cut for public K–12 schools that do not enforce sex-at-birth bathroom use. The Fourth Circuit Court of Appeals previously blocked enforcement, citing constitutional concerns under Title IX and the Equal Protection Clause. The Supreme Court’s refusal to intervene keeps that block in place.
The case began when a transgender male student, identified only as John Doe, was suspended for using the boys’ restroom. He challenged the state’s policy, and the Fourth Circuit granted an injunction limited to him. Doe’s legal team criticized the emergency appeal, arguing that no injury would result from maintaining his bathroom access during litigation.
South Carolina’s attorney general signaled continued confidence in the law, stating the state would pursue the matter through the courts. The high court’s decision not to act on an emergency basis leaves the debate unresolved, but preserves the status quo while the courts decide. With similar cases pending—such as the one regarding transgender athletes—the outcome could influence state-level authority over gender-related policies.
