The U.S. Supreme Court is not going to deal with a transgender legal case before it, at least not now.
The high court had scheduled arguments for March in the case of Virginia high school student Gavin Grimm, a biological girl who identifies as a boy wants to use male facilities in her high school.
The high school asked Grimm to use a single-stall restroom but she refused, and the ACLU is representing her in the court court.
Since President Donald Trump rescinded the Obama administration edict that schools must allow students to use the opposite-gender facilities, the court is sending the case back to the 4th U.S. Circuit Court of Appeals.
Liberty Counsel senior attorney Daniel Schmid says the administration doesn’t establish law and thus the weak case got kicked back down.
“So because they relied so heavily on the deference afforded to the Department of Education and the Department of Justice,” explains the attorney, “when those guidance documents were rescinded, the premise of its opinion basically was eliminated so the Supreme Court sent it back down to the 4th Circuit.”
However, Schmid predicts that once the 4th Court rules, the case will go back to the nation’s high court.
At stake is Title IX of the U.S. Education Amendment, established in 1972, which deals with discrimination against women and girls.
Schmid says adding transgender has no basis in law and in his opinion is a bit absurd.
“So the plain language of the statute can’t be read to include them,” he argues. “And regardless of whether the court says so or not, the proper place for that type of change to be made is Congress itself in amending the statute, not reading terms into a statute.”
Copyright American Family News. Reprinted with permission.