A divided Supreme Court agreed Wednesday to temporarily block a lower court order that had cleared the way for a transgender male high school student to use the boys’ bathroom in a Virginia public school this fall.

The ruling is a victory for the school board and a loss — for now — for Gavin Grimm, the student who won at the lower court level.

Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan would have left the lower court decision undisturbed. It took five justices to act, and Justice Stephen Breyer wrote separately to say that he concurred in the decision in part because granting the stay would “preserve the status quo” until the court has a chance to consider a petition for cert. “I vote to grant the application as a courtesy,” Breyer wrote.

“The order comes as something of a surprise given the current composition of the court,” said Steve Vladeck, CNN contributor and professor of law at the University of Texas School of Law.

CNN’s report was accompanied by a video, which compared the subjective situation in Virginia with  the objective ‘racist division’ of bathrooms by race in the past.

Even though the Supreme Court temporarily blocked the 4th circuit’s decision on the use of facilities, the case of Grimm v. Gloucester  School Board will still proceed in the courts.

Catch up on the case by reading my prior article, 4th Court Rules in Favor of Feelings, Not Facts.