From the article:
"The school board vowed to appeal and asked the full Fourth Circuit to take the case. But Tuesday in an unsigned order, the court declined."
This is excellent, excellent, excellent news. Since the Fourth Circuit declined "en banc" review, there's no place left for the school district to go except up to the US Supreme Court. If this is reviewed by the current 8-member Supreme Court, there are five justices there who were the majority on Obergefall (the same-sex marriage decision). So it's possible that there would be a nationwide favorable ruling.
But even if Justice Kennedy (who voted with the majority on Obergefall) reverses course and sides with Roberts, Thomas, and Alito, it's still pretty good news. If the Court deadlocks on a 4-4 tie, the decision of the court below is affirmed. In this case, that will be the decision of the Fourth Circuit: that federal courts must defer to the guidance of the US Department of Education in interpreting the requirements if Title IX. In case of a tie, the effect of the ruling will be limited just to the Fourth Circuit and won't have preclusive precedential effect elsewhere in the country.
But since North Carolina is also in the Fourth Circuit as well as Virginia, this means that NC's Hate Bill 2 will ultimately fall as well - at least insofar as it deals with public education, as well as private schools that take federal DoE funding.
In other words, if this goes forward, we win! Very good news!
