Today the Supreme Court granted an emergency stay of an order that would allow Gavin Grimm, a trans high school student, to use the boys restroom during his upcoming senior year.

The high court voted to block the order 5-3, while they deliberate on whether to hear Grimm's case.

In June, a federal court judge ruled that Grimm could use the boys facilities at Gloucester High School in Virginia.

"I am elated to hear that I’ll be able to attend my senior year of high school with my full rights restored,” Grimm said at the time. "After nearly two years of humiliation and intense struggle, equality has finally prevailed. Now hopefully other transgender people will not have to face this type of discrimination.”

“We are disappointed that the court has issued a stay and that Gavin will have to begin another school year isolated from his peers and stigmatized by the Gloucester County school board just because he’s a boy who is transgender," said Joshua Block, senior staff attorney at the ACLU. "We remain hopeful that Gavin will ultimately prevail.”

It's not clear if the vote would have gone differently if President Obama's Supreme Court nominee, Merrick Garland, had already been on the bench.

Buzzfeed.