A debate over transgender bathroom usage is likely headed to the Supreme Court after the federal appeals court refused to reconsider the matter on Tuesday. Judges previously ruled that a Virginia high school that forbade a transgender teen from using the boy’s bathroom discriminated against the student. A panel of three judges voted 2-1 on the matter.
Judge Paul V. Niemeyer denied the school board’s request for a full review of the matter on Tuesday.
The judge insisted that the school’s board bring the matter to the high court, stating that this is a topic of “momentous nature.” He added that the topic “deserves an open road to the Supreme Court.”
An attorney for the school board did not comment on the matter on Tuesday.
Gavin Grimm, a student that brought a case against North Carolina after the state banned transgender people from using the bathroom they best identify with, has closely watched the matter in Virginia.
Grimm identifies as a male, although he was born a female. He was using the boy’s bathroom for several weeks in 2014 before parents complained. The school imposed rules following the complaints that require students to use the bathrooms that correspond with their biological gender, or use single stall bathrooms.