The U.S. Supreme Court has granted an emergency appeal to a Virginia school board which will block a lower court ruling that would have allowed a girl who identifies as a boy to use the boy’s restroom at school.

The Los Angeles Times is reporting on the unusual 5-3 order to halt enforcement of the U.S. 4th Circuit of Appeals ruling in April that would have allowed a 17 year-old student named Gavin Grimm to use the restroom of her choice.

The ruling is in response to an emergency appeal from a Virginia school board which claims to be fighting to “protect the basic expectations of bodily privacy of Gloucester County students.”

The school board is seeking an exemption from a “guidance” handed down by the Obama administration requiring schools to allow transgender students to use the bathroom of their choice.

According to the Times, Justice Stephen G. Breyer said he did not want to support the emergency appeal but said he joined the court’s four conservative as a “courtesy” to put the issue on hold until it can be reviewed when they return in the fall.

“In light of the facts that four justices have voted to grant the application referred to the court by the chief justice, that we are currently on recess and that granting the stay will preserve the status quo,” he wrote, “I vote to grant the application as a courtesy.”

Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan said they would have turned down the emergency appeal in the case and allowed the lower court’s ruling to take effect.

Because of Breyer’s comments, it seems possible that, in the absence of a ninth Justice, should the Court decide to rule on the case this fall, it could result in a 4-4 split which would allow the lower court’s ruling in favor of Grimm to prevail.

Lawyers for the school board say they intend to file an appeal petition by the end of the month which will formally ask the high court to review the case.

Opponents of the administration’s “guidance” are cautiously optimistic of a favorable ruling by the Supreme Court in the future.

“We are grateful that the Supreme Court put a hold on a disturbing ruling that treads on parental rights and the responsibility of local school districts to provide a safe learning environment for children,” said Peter Sprigg, Senior Fellow for Policy Studies at the Family Research Council, in a statement.

He went on to urge parents to speak up about their privacy and safety concerns.

“If the Obama edict is allowed to stand, there’s no limit to what President Obama’s administration, or future presidents, will be emboldened to do.”

News of the ruling comes in the same week that the Vatican released the transcript of a meeting between Pope Francis and Polish bishops in which he condemned gender theory as being the “exact opposite” of God’s creation.

He cited powerful institutions and influential countries who are behind the push to spread gender theory in schools through “ideological colonization” which is “terrible.”

“Today, children are taught this at school: that everyone can choose their own sex,” he said. “And why do they teach this? Because the books come from those people and institutions who give money.”

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