The U.S. Supreme Court signaled an interest in taking on the transgender bathroom debate on Wednesday, granting a Virginia school system temporary permission to keep its bathrooms separated by biological sex.
In a 5-3 vote, the justices issued a stay in the case involving a transgender student in Gloucester County who is suing his school board to gain access to the boys’ restrooms. The stay halts a lower court’s order that said the school board must allow the transgender teen, Gavin Grimm, into the bathroom that corresponds with the student’s gender identity.

Gavin, 17, was born female but now identifies as a male.
If the Gloucester County school board’s petition for the Supreme Court to hear the case is denied, the stay will terminate automatically, and Gavin will be allowed to use the boys’ bathroom. If the court decides to take the case, the stay will remain in effect until the justices reach a final decision.