The Supreme Court on Wednesday stayed a lower court's order requiring a Virginia school district to allow a transgender teen to use the bathroom of his choice.

Lawyers representing Gavin Grimm, a junior at Gloucester High School who came out in his sophomore year, argued that the school board's policy that prohibits transgender students such as Grimm from using the bathroom of their choice violates federal civil rights laws. The Fourth Circuit Court of Appeals agreed.

Acting on a 5-3 vote, the Supreme Court put the lower court's groundbreaking decision on hold as the school board appeals the case.

Joshua Block, senior staff attorney at the American Civil Liberties Union (ACLU), which is representing Grimm, said that the groups is “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. We remain hopeful that Gavin will ultimately prevail.”

Justice Stephen Breyer said that he joined with the majority as a “courtesy” that will “preserve the status quo” for the time being.

The stay is viewed as a strong signal that the high court will take up the case in the fall.