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By Andrew Stanton and Hannah Parry
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South Carolina has urged the Supreme Court to overturn a ruling preventing the state from enforcing a ban on transgender students using school bathrooms that match their gender identity.
GLAD Law Staff Attorney Chris Erchull told Newsweek the case is "just another cruel attack on vulnerable young people," and there is "no reason" for the court to pick it up.
Why It Matters
LGBTQ+ rights, especially for transgender minors in schools, remain a key political and legal issue. If the Supreme Court takes up the case, it could have implications for how schools approach policies for transgender students across the country.
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What to Know
The emergency request was made after a federal appeals court unanimously sided with a transgender student and his family, who sued when he was suspended for using the boys' bathroom earlier this month. The lawsuit argued that South Carolina's bathroom ban violated both federal law and the Equal Protection Clause of the U.S. Constitution.
The case stems from a Berkeley County student who has sued the state over a budget clause that could result in school districts losing funding if they do not prohibit transgender students from using bathrooms that correspond with their gender identity. A federal court previously ruled in favor of the student, and the state is now appealing the case to the nation's highest court.
South Carolina officials argued in their legal filing to the Supreme Court on Thursday that the case "implicates a question fraught with emotions and differing perspectives. That is all the more reason to defer to state lawmakers pending appeal. The decision was the South Carolina legislature's to make."
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They urged the Supreme Court to revisit the question of whether schools can require transgender students to use the bathroom of the sex they were assigned at birth. In 2021, the Court declined to hear a case after a lower court allowed a transgender student named Gavin Grimm to use the bathroom that matched his gender identity.
It argued the policy "protects the safety and privacy" of all students, regardless of their gender identity, and that single-stall, gender neutral options are the "best choice" for transgender students.
South Carolina is arguing that the case was "wrongly decided and should (and may soon be overturned)."
They said the Supreme Court should look to the decision in U.S. v. Skrmetti, in which justices upheld a Tennessee law barring gender-affirming care for transgender minors, in making their decision on this case.
The officials also noted that the justices are set to hear an appeal regarding transgender athletes shortly, which could impact the bathroom ban.
The Supreme Court declined to take a similar case last year involving a student from Indiana, according to the American Civil Liberties Union (ACLU).
What People Are Saying
GLAD Law Staff Attorney Chris Erchull told Newsweek: "Less than five years ago, this same Supreme Court of the United States declined to hear a case on this issue. Today, there is no reason the Supreme Court can or should take up this question, which is just another cruel attack on vulnerable young people. All kids deserve to be free from bullying and harassment at school—which is exactly what South Carolina's ban is—so that they can get the education they need and deserve."
South Carolina Attorney General Alan Wilson, a Republican, in a statement: "South Carolina passed this law to protect the privacy and safety of every child in our schools. But activist judges on the Fourth Circuit threw out common sense and the will of the people to give one student a special exception. What about the rights and safety of all students? Where does it stop? This is judicial activism at its worst, and we're fighting back. South Carolina will not stand by while ideology is put ahead of children's safety, I am taking this fight all the way to the Supreme Court."
South Carolina officials wrote to the Supreme Court: "The role of judges 'is not 'to judge the wisdom, fairness, or logic' of the law before [them], but only to ensure that it does not violate' protections under the law. Skrmetti, 145 S. Ct. at 1837 (cleaned up). Because Proviso 1.114 does not, this Court should 'leave questions regarding its policy to the people, their elected representatives, and the democratic process."
GLAAD wrote in a 2021 statement: "Countless times, it has been proven that trans people do not present a threat to anyone's safety. In fact, trans women and kids face higher rates of bullying, harassment, and violence than their cisgender counterparts. 22% of trans women perceived as trans in school were harassed to the point they had to leave school because of it. 45% of trans students avoid the bathroom at school. Claims that trans women and girls have an advantage are at odds with the reality of most trans girls' lives."
What Happens Next
The Supreme Court will now review the request to determine whether to hear arguments about the law. The Court is expected to make rulings on other key LGBTQ+ rights cases in its upcoming term, including whether to overturn Colorado's conversion therapy ban.
Update 8/28/25, 5:53 p.m. ET: This article was updated with additional information.
Update 8/28/25, 9:40 a.m. ET: This article was updated with comment from GLAD Law Staff Attorney Chris Erchull and a statement from South Carolina Attorney General Alan Wilson.
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