The U.S. Supreme Court was scheduled to hear oral argument this spring in Gloucester County School Board v. G.G., a case that could have shed significant light on whether transgender individuals have a right, under Title IX and other federal laws, to use rest rooms and other sex-segregated facilities based on their gender identity. The court was set to grapple with sub-regulatory guidance from the Departments of Education and Justice mandating that transgender students be treated consistent with their gender identity.

But that guidance no longer exists. Unfortunately for LGBT individuals, the Trump administration has purged from various federal websites the guidance issued by numerous federal agencies during the Obama administration (and supported by numerous courts and the EEOC)—that discrimination based on gender identity, transgender status, or sexual orientation is sex discrimination under various federal laws.

The guidance documents at the heart of the G.G. case were withdrawn by DOE and DOJ in late February, “in order to further and more completely consider the legal issues involved.” As a result, on March 6, the court remanded the case to the U.S. Court of Appeals for the Fourth Circuit for reconsideration in view of the actions taken by the departments.