A legal organization has taken a unique approach in filing an amicus brief in the case involving transgender rights the Supreme Court has agreed to review.
The suit was brought against the Gloucester County School Board in Virginia by a transgender student wanting to use the boys' bathroom.
That lawsuit comes after the Obama administration issued a policy in 2015 stating public schools must allow students to use restrooms and locker rooms corresponding to their so-called gender identity.
First Liberty Institute attorney Justin Butterfield says they filed the brief on behalf of 22 religious educational institutions and educators, something no one else has done.
"Federal government shouldn't be able to change national policy," he argues, "just on the basis of a letter from a low-level official without any sort of input from affected schools, colleges, organizations and professors."
He says the vacancy on the court, caused by the death of Justice Antonin Scalia last February, could be a factor in the outcome of the review.
"If it looks like there's going to be any sort of a close vote," he observes, "then the Supreme Court may try to hold it as long as they can so that Justice Scalia's replacement will be able to participate. So we'll just have to wait and see how that plays out."