Josh Block, one of Grimm’s attorneys, said the Court's decision "holds transgender kids in limbo for one or two more years."
Transgender advocates expressed disappointment with their decision.
The history of the case:
At first, the school allowed Grimm to use the boys' bathroom. But after receiving complaints, the school board adopted a new policy in 2014, when Grimm was a sophomore, according to the ACLU.
"I think what happened to Gavin in the fall of 2014 was absolutely horrible and I don’t think anyone should have to go through that," Block said. A district court sided with the school board and dismissed Grimm’s claim under Title IX.
Grimm took the case to the 4th Circuit, which sided with the teen.
Citing Title IX, the May 2016 letter from the Departments of Justice and Education said schools should not require a medical diagnosis, nor should they demand documentation reflecting the student's gender identity before taking steps to protect transgender students -- "even in circumstances in which other students, parents, or community members raise objections."
That guidance, authored by the Obama administration, was rescinded by the Trump administration, which said the guidance did not explain how it was consistent with the law.
The Supreme Court decision sends the case back to the Fourth Circuit, which will have to consider whether Title IX's ban on sex discrimination extends to gender identity.
"The Supreme Court decision matters less than the Department of Education pulling the guidelines," said Maxine Ericher, a law professor at the University of North Carolina. "The courts are back to interpreting things from scratch."
In the absence of guidelines, she added, the case becomes "murkier" for the courts to decide.