WASHINGTON (AP) — The Supreme Court on Monday rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban.

Over two dissenting votes, the justices left in place lower court rulings that found the policy unconstitutional. The case involved former high school student Gavin Grimm, who filed a federal lawsuit after he was told he could not use the boys’ bathroom at his public high school.

The Gloucester County, Virginia, school board’s policy required Grimm to use restrooms that corresponded with his biological sex — female — or private bathrooms.

Justices Samuel Alito and Clarence Thomas voted to hear the board’s appeal.