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The Supreme Court is currently a legal battle for public school bathrooms and trans students, South Carolina Attorney General Alan Wilson believes it will be a “death knell” because of what he calls “radical, hard left-wing agenda.”
South Carolina asked the Supreme Court to suspend federal appeals court orders to grant access to a trans-sex high school student into a boy’s bathroom, the state said the state’s conflict with its laws was based on biological sexuality and was just months after the court maintained Tennessee’s gender-treatment ban on minors.
Wilson, along with state officials, said in an emergency application last week that the ruling left the Berkeley County School District “stuck between impossible rocks and hard ground.”
“I believe the case in the Fourth Circuit that the U.S. Supreme Court can finally decide will be a death knell of the radical, hard leftist agenda,” Wilson told Fox News Digital in an interview Tuesday. “This situation involves not only the state’s ability to protect students’ privacy and security, but also the students themselves gaining the right to safety in schools.”
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South Carolina Attorney General Alan Wilson said the Supreme Court should use the U.S. v. SKRMETTI v. SKRMETTI as the basis to dismiss the Fourth Circuit ruling. (Kevin Dietsch/Getty Images)
The case returns biology-based bathroom rules to the U.S. Supreme Court, which upheld the state ban on gender transition treatment for minors for months. A South Carolina decision should guide lower courts.
“This underscores the importance of the state’s ability to protect its students and its own constituencies in the state,” Wilson said. “This is one of the questions raised in the Skrmetti decision.”
The Fourth Circuit ruled last month that students identified as “John Duye” in court documents were allowed to use the boy’s restroom in defense. This decision is dependent on Green v. Gloucester County School Board, Court Rules Banning Transgender Boys from Using Boys’ Bathrooms Violates Equal Protection Terms and title IX.
But South Carolina officials believe Green is an outdated “smeared outlier” and that federal courts should follow the U.S. v. SKRMETTI ruling because “the plaintiff is unlikely to end up having the upper hand.” In SKRMETTI’s decision, the Justice ruled that Tennessee banned the medical gender transition process for minors.
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Activists in the transgender rights protests outside the U.S. Supreme Court v. SKRMETTI on Wednesday, December 4, 2024, before the U.S. Supreme Court v. SKRMETTI. (Bill Clark/CQ-Roll Call, Inc./Getty Images)
“As this court and the Fourth Circuit acknowledged, the main reason for this biologically entrenched convention is to promote privacy,” the emergency application reads. “But recent social developments have soared. The number of children and adolescents experiencing gender irritability has soared over the past fifteen years.”
The controversial South Carolina law, enacted in July 2024, stipulates that if the district allows transgender students to use facilities different from biological sexual behavior, it is possible to confiscate 25% of the state’s Department of Education funds.
The U.S. Department of Energy and his parents first sued the state in November 2024.
January Trump administration The education department directed K-12 schools and colleges to strictly acknowledge IX title protections based on biology’s sexual behavior, which reversed the Biden administration’s 2024 rewrite of the rule. Title IX is federal law that is based on gender discrimination in any program or activity that obtains government funding. Below Former President Joe Biden Rules for 2024, the term “sex” is expanded to cover gender identity and sexual orientation.
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South Carolina Attorney General Alan Wilson and state officials filed an emergency injunction that demanded the Supreme Court weighing the lower court’s ruling, allowing a transgender boy to use men’s restrooms in the Berkeley County school district. (Tracy Glantz/State/Tribune News Service; Sarah D. Davis/Sterlinger)
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“South Carolina wants the Supreme Court to take extraordinary remedies to step in ongoing lower court appeals – all because the state wants to prevent a ninth-grade student from using a boy’s restroom while having an appeal,” said Alexandra Zoe Brodsky, an attorney for the U.S. Department of Energy, to digitize Fox News in a statement.
“This situation does not show an emergency that justifies such an intervention,” the statement continued. “As the Chief Justice of the Fourth Circuit recently observed, there is no evidence to suggest that the [our client’s] The possibility of using a boy’s bathroom can even cause harm to anyone. But the evidence of the state’s hostility towards him was overwhelmed. “Indeed, no classmates complained about our clients using boys’ bathrooms. However, South Carolina is rushing to the Supreme Court to obtain a permit sheet to allow him to accept discrimination under state regulations at the school, including school discipline that drove him out of middle schools last year. The Supreme Court should deny South Carolina’s abnormal requirements.”
Supreme Court An emergency response may be issued as early as Friday. A court decision may not have a complete briefing or oral debate, which is a typical decision made outside the normal, complete process of the High Court.
