The U.S. Supreme Court is set to review an emergency petition from a Virginia school district seeking to prevent transgender students from using the bathroom of their choice.

The case was occasioned when Gavin Grimm, a 17-year-old student in the Gloucester County Public Schools who is transgender, sought to begin using the men’s bathroom. Grimm was born female but identifies as male. Gloucester Country schools require transgender students to use alternative bathrooms.

Grimm claims the district’s policy violates Title IX, the section of the federal code concerning gender discrimination in education, and the Constitution’s equal protection clause. Though a district court sided with the schools, the U.S. Court of Appeals for the Fourth Circuit ruled for Grimm, finding that the courts must defer to U.S. Department of Education guidelines which require schools to treat students consistent to their gender identity in order to comply with Title IX.

The district asked the Fourth Circuit for an injunction pending further appeal. Their request was denied on Tuesday, leaving an appeal to the Supreme Court as their only alternative.

The petition will be reviewed by Chief Justice John Roberts, who handles all emergency appeals from the Fourth Circuit. Roberts may choose to grant the stay himself, or bring the case to the rest of the Court. Five votes would be required to grant a stay for the district.

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