A Setback for Transgender Rights With a Silver Lining

Now that the Trump administration has reversed the Department of Education policy on transgender bathroom use, the Supreme Court will probably dismiss the case it’s hearing on the matter rather than issue a decision. But even if that happens -- and it isn’t 100 percent certain -- the result may be better for transgender-rights advocates than judgment on the merits would have been. In the long run, the movement would be better off with a decision that reads federal anti-discrimination law as protecting against transgender bias than with a decision that makes protection depend upon the whims of the administration charged with implementing the law.

The background to the current situation involves more than just the question of whether Gavin Grimm, a transgender student, may use the men’s room at his Gloucester County, Virginia, high school. The U.S. Court of Appeals for the Fourth Circuit held in favor of Grimm and against the high school because of an interpretation of a federal regulation issued by the Obama Department of Education.