The U.S. Supreme Court sends the issue of bathroom choice, back to a lower court.

FOX's Eben Brown reports:

The Supreme Court was supposed take up the case of Gavin Grimm, the transgender boy from Virginia who is not being allowed to use the boy's room at school because he was born female.

The ACLU sued the school, but lost, only to win in a federal appeals court. The school board hoped the Supreme Court would rule on the matter, but even though the high court was set to hear arguments this month, the justices now say the lower court must be the decider.

Grimm is due to graduate from his high school in Gloucester County, Virginia, this year.

Eben Brown, FOX News.

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