The U.S. Supreme Court has granted the Gloucester School Board’s request to stay a lower court’s June order that it permit transgender student Gavin Grimm to use the boys’ restroom at Gloucester High School.

The stay was granted last Wednesday afternoon by a 5-3 vote. In his concurring brief, Justice Stephen Breyer said granting the stay “will preserve the status quo” until the Supreme Court decides whether it will consider a school board request that it review the matter.

Breyer said Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan sought to deny the school board’s request for the stay. Breyer sided with Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas and Anthony Kennedy.

Grimm was born a female but identifies as a male and, represented by the ACLU, has filed a federal lawsuit against the board alleging its policy restricting restroom use to corresponding biological sex is discriminatory. The policy also calls f...