Supreme Court could decide transgender case. Or not.

This Tuesday Aug. 25, 2015 photo shows Gavin Grimm as he gestures during an interview at his home in Gloucester, Va. (AP Photo/Steve Helber)

WASHINGTON (AP) – Both the transgender teen who sued to use a boys’ bathroom and the Virginia school board that won’t let him still want the Supreme Court to issue a definitive ruling in their ongoing dispute.

The Trump administration has retreated from an Obama-era policy on bathroom use. That gives the high court an easy out if it is seeking to avoid a major ruling on transgender rights.

The big issue for both sides is whether the main federal law barring sex discrimination in education protects high school senior Gavin Grimm and other transgender students.

Grimm was born a girl but identifies as a boy. The Virginia teen has been issued an amended birth certificate identifying him as a male, received hormone treatments and underwent chest reconstruction surgery.

Never miss another Facebook post from 8News

Find 8News on TwitterFacebook, and Instagram; send your news tips to