Arguing that “time is of the essence,” a federal appeals court judge on Tuesday called for a prompt appeal to the Supreme Court to sort out the rights of transgender students when they use restrooms at school.   Circuit Judge Paul V. Niemeyer helped clear the way for an early appeal by withholding a demand that the U.S. Court of Appeals for the Fourth Circuit vote on rehearing a test case on the issue.

At issue in the case of G.G. v. Gloucester County School Board is the meaning of a 1972 federal civil rights law that outlaws discrimination “because of sex” in federally funded education.  Specially at issue is whether that law — known as “Title IX” —  provides protection to students who identify as having a gender other than what was assigned to them at birth.


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