The U.S. Supreme Court decided March 6 to punt on its first encounter with the growing transgender rights movement, sending the Gloucester County School Board case back to the 4th U.S. Circuit Court of Appeals for review. The high court had scheduled this Virginia case for oral arguments March 28, but the incoming Donald Trump administration has for the time being rescinded the Obama Administration policy the 4th Circuit relied upon.

The evolving situation merits close Godbeat attention due to the major challenge for advocates of religious liberty, already on the defensive over other issues. With gay marriage legalized throughout the United States by the Supreme Court, the LGBT movement is focusing all its moxie on transgender rights.

The basics for reporters: The Obama administration’s Departments of Education and Justice notified all U.S. public schools last May that to qualify for continued federal funding they need to follow each student’s sense of personal “gender identity,” as opposed to birth biology, regarding access to “sex-segregated restrooms, locker rooms, shower facilities, housing and athletic teams (.pdf document here)."

That redefined “sex” under Title IX of the anti-discrimination law in question. For 44 years before that, the government thought “sex” meant biological gender, not an identity that may conflict with it. The new contention that gender is “assigned” at birth but flexible, rather than fixed by biology, gains cultural clout from important segments of the Democratic Party, big business, the academic world, the entertainment industry, professional and college athletics, and the like.

In the Virginia case, an anatomically female high schooler who is transitioning wanted to use boys’ toilets instead of unisex facilities the school provides. Local school districts are caught between transgender rights appeals and community concerns about privacy and security, including access to locker rooms and showers that were not raised in the Virginia dispute.

A major chunk of U.S. organized religion has reacted in unison against the Obama policy and 4th Circuit ruling.