Word from the prestigious Volokh Conspiracy blog is that:
The Supreme Court voted 5-to-3 today to grant a stay of a lower court ruling that would have allowed a transgender high school student in Virginia to use the bathroom that corresponds with the student’s gender identity. Justice Stephen G. Breyer joined Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. in voting to grant the stay, noting that he was voting to grant the stay as a “courtesy” in order to preserve the status quo. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan dissented from the stay, without opinion.”
We look forward to the airing of the Justices’ diverse views of this “important” issue that is dividing the country. We take it that the originalists on the court will engage in a spirited debate as to whether the Founding Fathers intended to allow Thomas Jefferson to go wee-wee in Mrs. Washington’s outhouse, or whether the founding proponents of the “living constitution” didn’t care who went where, saying “Oh, piss on it.”
But we can’t help wondering what would happen today if some person of evident but questionable masculinity were to barge in into the powder room of Ruth, Sonia and Elena, do his business and split, leaving the toilet seat up. Capital punishment anyone?
We await the court’s decision with bated breath.