In August 2020, a federal appeals court, in a 2-1 decision, ruled that a Virginia school violated a transgender student’s constitutional rights by asking that the student use a unisex bathroom rather than the bathroom the student wanted to use. The school, according to the court decision, “provided unisex restrooms and made them available to everyone, with the particular goal of accommodating transgender students.”

By denying review in the case by a 7-2 margin, the Supreme Court has let the lower court’s decision stand.