The Supreme Court on Tuesday passed up a chance to intervene in the debate over bathrooms for transgender students, rejecting an appeal from an Indiana public school district. …

In the case the court rejected without comment, the Chicago-based 7th U.S. Circuit Court of Appeals upheld an order granting transgender boys access to the boys’ bathroom. The appeal came from the Metropolitan School District of Martinsville, about 30 miles (48 kilometers) southwest of Indianapolis.

The federal appeals court in Richmond, Virginia, also has ruled in favor of transgender students, while the appeals court based in Atlanta came out the other way.

[I find this surprising, but have not seen any commentary on it thus far. The Supreme Court usually takes up cases where circuit courts have split on an issue. Perhaps this particular case has a ripeness or standing issue, but they can’t let this split stand for too long. — Ed]