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[Syriel]

The Supreme Court intervened for the first time Wednesday in the controversy over transgender rights and blocked a lower court ruling that would have allowed a transgender boy to use the high school restroom that fits his “gender identity.”

In an unusual 5-3 order, the justices granted an emergency appeal from a Virginia school board which said it is fighting to “protect the basic expectations of bodily privacy of Gloucester County students.”

The school was seeking to be exempted from the Obama administration’s position that schools nationwide are required to allow transgender students to use the bathroom they prefer.

Justice Stephen G. Breyer signaled he did not support the school’s emergency appeal, but said he joined the court’s four conservatives as a “courtesy” to put the issue on hold until the justices can review the matter when they return in the fall.

Source:
http://www.latimes.com/nation/la-na-court-transgender-20160803-snap-story.html

OT about lower court ruling:
http://www.neogaf.com/forum/showthread.php?t=1209474

Gotta uphold those "local community standards" I suppose.

Was kind of surprised to see this break 5-3 instead of 4-4.

 

[MIMIC]

Saw this on my phone and thought it was 4-4. Very surprising split.

 

[Escape Goat]

Breyer said he diesnt support their appeal but wants to give it a full hearing. Arent we just delaying tge split for formality?

 

[Raxus]

From the sounds of it the issue is far from over and the ruling just sticks a pin in things.

 

[Dead Man]

And in the meantime he has to use the womens room? :/

 

[OriginofHysteria]

All the more reason we have to go out and vote this November.

 

[bman94]

So he goes into the Woman's bathroom now? Yeah that sounds like a good idea for hormone crazy high schoolers.

At this point it'll just be better to future proof shit with 3 bathrooms: Balls, Vagina and don't give a shit

 

[Huff]

Does transgendered male mean m->f or f->m?

 

[ArchedThunder]

Does transgendered male mean m->f or f->m?

Female to male.

 

[2MF]

Unisex toilets ftw. Only exception should be urinals for anyone who has a penis, since they're more efficient and faster.

 

[Prototype Viktor]

Does transgendered male mean m->f or f->m?

Female or other to male

 

[Violence Jack]

Unisex toilets ftw. Only exception should be urinals for anyone who has a penis, since they're more efficient and faster.

I'm with this, but I think they should do away with urinals in those bathrooms. That way, no one knows who is peeing next to you.

 

[LiK]

I'm imagining what that transgender student is feeling with the Supreme Court getting involved with his ability to fucking pee.

 

[Poltergust]

At the very least it seems that they will be revisiting this issue once the vacant seat gets filled in.

It's a shame that this is a casualty of the uselessness of the GOP Congress, though.

 

[Ivan 3414]

Does transgendered male mean m->f or f->m?

Isn't "transgendered" an offensive word or something

 

[brianmcdoogle]

Breyer probably was the fifth vote.

 

[Doop]

Isn't "transgendered" an offensive word or something

I don't think it's offensive necessarily. Just not correct. Someone doesn't transgender themselves, they are transgender.

 

[GoldenEye 007]

So they granted a stay? Hardly an indication of how they would rule.

 

[Syriel]

Breyer probably was the fifth vote.

There is no "probably." From the OP:

Justice Stephen G. Breyer signaled he did not support the school’s emergency appeal, but said he joined the court’s four conservatives as a “courtesy” to put the issue on hold until the justices can review the matter when they return in the fall.

 

[Norml]

So he goes into the Woman's bathroom now? Yeah that sounds like a good idea for hormone crazy high schoolers.

At this point it'll just be better to future proof shit with 3 bathrooms: Balls, Vagina and don't give a shit

Taking a dump next to someone in school is already embarrassing.This would make it a lot worse.

 

[Gragen]

What I don't understand about all this is how in the hell do the Justices get a break till fall?

 

[NoblesseOblige]

Isn't "transgendered" an offensive word or something

It's more a sign of ignorance than malice.

 

[TheMan]

Isn't "transgendered" an offensive word or something

what, really? why?

 

[Wafflecakes]

Don't agree with them, but I imagine they want to wait until they have a 9th member before wading into the issue.

 

[GaimeGuy]

So... what, they just want him to pee with the girls?

 

[Sweeney Tom]

Technically it's them saying they find it important enough a decision to want to make a ruling on it, but not important enough they want to interrupt their own vacation to make that ruling now

sigh

 

[davepoobond]

what, really? why?

I think the friction comes from making it a verb/adverb instead of an adjective.

 

[devilhawk]

Wouldn't the women's bathroom be the default unisex one as there are no urinals? As in, to make a unisex bathroom it would be the men's restroom that would undergo changes. Or do unisex bathrooms (not single occupant ones) have urinals?

 

[The Llama]

Technically it's them saying they find it important enough a decision to want to make a ruling on it, but not important enough they want to interrupt their own vacation to make that ruling now

sigh

That's really not what it means at all. There's no case in front of them yet. They just granted a stay, effectively telling everyone "go back to doing what you were doing six months ago until we sort this out when it gets to us on the merits."

 

[Gallbaro]

Sigh, single bathroom future is a major loss for men everywhere.

 

[H.Cornerstone]

That's really not what it means at all. There's no case in front of them yet. They just granted a stay, effectively telling everyone "go back to doing what you were doing six months ago until we sort this out when it gets to us on the merits."

Thank you for clarifying. I was confused on the reasoning.

 

[Stumpokapow]

The title is completely incorrect. I will fix it. One second.

Edit: This is the best description I can fit in the title.

(In addition, the 5-3 split isn't really a 5-3 split, Breyer joined the conservatives "as a courtesy" which is normally a procedural thing when you can't get 4 votes for cert, but that's not the case here, so no idea what Breyer's doing but he wouldn't vote with them on the actual case)

 

[Syriel]

The title is completely incorrect. I will fix it. One second.

Edit: This is the best description I can fit in the title.

(In addition, the 5-3 split isn't really a 5-3 split, Breyer joined the conservatives "as a courtesy" which is normally a procedural thing when you can't get 4 votes for cert, but that's not the case here, so no idea what Breyer's doing but he wouldn't vote with them on the actual case)

The original title was a shortened version of the LA Times title, as well as a variant of what most news outlets were using based on Google News.

The appeals court ruling that was stayed was only stayed because the school district asked for an emergency hearing.

That's what is making this news. The SC doesn't normally grant emergency hearings for cases that haven't even been granted cert yet. The fact that the order was even issued is unusual.

The appeals court ruling was in line with the Title IX interpretation provided by the Feds.

I would argue that your re-worded title is less accurate than the original.

 

[Stumpokapow]

The initial people replying to the thread seemed to think this was a final ruling. This is evidence your initial title (irrespective of whether it came from a media source or not) was not conveying to people what actually occurred; which is a temporary stay pending the case being heard. It is true that stays are not always granted, but nor are they notably unusual. Your original post also says you were surprised to see it break 5-3 although this is not correct in context given Breyer's admittedly unusual concurrence to the order.

 

[Kthulhu]

So he goes into the Woman's bathroom now? Yeah that sounds like a good idea for hormone crazy high schoolers.

At this point it'll just be better to future proof shit with 3 bathrooms: Balls, Vagina and don't give a shit

Does the don't give a shit bathroom not have toilets?

 

[Syriel]

The initial people replying to the thread seemed to think this was a final ruling. This is evidence your initial title (irrespective of whether it came from a media source or not) was not conveying to people what actually occurred; which is a temporary stay pending the case being heard. It is true that stays are not always granted, but nor are they notably unusual. Your original post also says you were surprised to see it break 5-3 although this is not correct in context given Breyer's admittedly unusual concurrence to the order.

It is unusual for the USSC to issue a stay in a case that has not yet been submitted to it for appeal. When you see stays pending appeal, they are usually issued by lower court judges, or by higher courts after an appeal has been filed.

This was an emergency request. The school board in question plans to file the appeal to the USSC at the end of this month.

And yes, I was surprised to see the decision on the order break 5-3 because it's out of character for Breyer. His given reason seems rather vague.

The standard for emergency requests of this nature is usually to prevent "imminent harm" and it's difficult to see how the school board would have been harmed if Breyer voted no and a 4-4 split meant that the ruling was in effect until if and when the USSC got the appeal and decided to grant cert.