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Gloucester County School Board Asks Supreme Court to Appeal Transgender Bathroom Ruling

Did the Obama administration go too far when it directed the nation's schools to let transgender students use bathrooms of their choice? The Gloucester County School board is asking the United States Supreme Court to consider their appeal of a fourth circuit ruling allowing a transgender student to use the boys bathroom.

Although most people associate the transgender debate with North Carolina, a case out of the Middle Peninsula could end up being the definitive legal ruling on the issue. But that's only if justices on the United States Supreme Court decide to hear the case.

Carl Tobias at the University of Richmond Law School says that's unlikely. "The Supreme Court usually likes to hear from a couple of appeals courts before it takes on a cutting edge issue of this sort just to get the views of courts around the country rather than rely on one."

Others say justices are likely to take up the case, especially now that the Obama administration is directing school to let transgender students use bathrooms of their choice.

"This case before the Supreme Court, if it reaches the Supreme Court, will be a five to four case," said Virginia legal expert Rich Kelsey. "Whoever appoints the fifth justice whether it be President Obama, President Clinton or President Trump will determine the outcome of this case."

For now the ruling of the fourth circuit court of appeals is on hold while school board members wait for justices to decide whether they'll hear the case.

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