The U.S. Supreme Court building is seen on Capitol Hill in Washington, D.C., on June 17. Justices Samuel Alito and Clarence Thomas voted Monday to hear the appeal from the Virginia school board. Photo by Ken Cedeno/UPI | License Photo
June 28 (UPI) -- The U.S. Supreme Court on Monday declined to hear an appeal from a Virginia school board that sought to reinstate a ban on transgender students using any public restroom other than the one of their birth sex.
The Gloucester County School Board asked the Supreme Court to reverse a decision by the Fourth Circuit Court of Appeals last year in student Gavin Grimm's favor. That court decided that the school's policy segregating transgender students was unconstitutional and violate Title IX.
Grimm, who was born female but identifies as male, was initially told by his high school principal that he could use the boys restroom -- but the school board later adopted a ban against using any public school restroom that doesn't correspond to a student's assigned gender at birth.
Monday, the Supreme Court refused to hear the appeal and left in place the lower court decision. Two dissenting justices, Samuel Alito and Clarence Thomas, voted to hear the appeal.
The court did not give a reason for refusing to hear the case.
"This is an incredible victory for [Grimm] and for trans students across the nation," the ACLU of Virginia tweeted. "Let's be clear, this has never been about bathrooms. This has always been about trans students' rights to be treated with dignity and respect."
Grimm first went to court with the issue in 2015.
The Gloucester School Board argued that its issue was about weighing the privacy rights of other students against the rights of transgender students. It contended that the rights other students were at-risk if transgender students are allowed to use restrooms opposite from their biological sex.
Members of the U.S. Supreme Court pose for a group photo at the court in Washington, D.C., on Friday. Seated, from left to right, are Associate Justices Samuel Alito and Clarence Thomas, Chief Justice John Roberts and Associate Justices Stephen Breyer and Sonia Sotomayor. Standing, from left to right, are Associate Justices Brett Kavanaugh, Elena Kagan, Neil Gorsuch and Amy Coney Barrett. Pool Photo by Erin Schaff/UPI | License Photo