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The Supreme Court on Wednesday declined to take up an application from South Carolina seeking to enforce its ban on students using public school bathrooms that match their gender identity.

The brief, unsigned order represents a small setback for the state in its bid to tighten policies related to transgender people. However, a lawsuit on the matter will still proceed in the lower courts. Three Republican-appointed justices, Samuel Alito, Clarence Thomas and Neil Gorsuch, would have granted South Carolina’s request.

The order from the high court comes after a federal appeals court had temporarily enjoined the state from enforcing its law while the case plays out. The state wanted the Supreme Court to lift that injunction temporarily.

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