The U.S. Supreme Court declined on Monday to take up the case of Grimm vs. the Gloucester County School Board.

That action leaves in place a lower court’s ruling that the school board acted unlawfully in preventing Gavin Grimm, a transgender former student at Gloucester High School, from using bathrooms at GHS that corresponded with his gender identity.

The school board had appealed a 2020 ruling by the Fourth U.S. Circuit Court of Appeals that Grimm was protected under Title IX and the U.S. Constitution’s Equal Protection Clause.

Grimm began attending GHS in 2014 and, with the school’s permission, used the boys’ bathroom for several weeks. After complaints from parents, the board adopted a new policy that required students to use the bathroom that corresponded with their gender at birth. Grimm was given the option of using a separate gender-neutral bathroom.

Grimm, along with the ACLU, sued the board in 2015 saying the policy violated Title IX and the Equal Protection Cla...