On Friday the Supreme Court agreed to take up a case concerning a transgender student in Virginia who is seeking to use the boy’s bathroom at school as reported by CNN.

The case will be heard this term and it marks the first time the Supreme Court has considered the controversial issue playing out across the country. We reported earlier on this year, Clay County School Superintendent Charlie Van Zant was one of the first to state the schools in his district will not abide by President Obama’s transgender mandate. Since his stance, other schools across the country also stated they would not abide by the mandate.

A lower court had ruled in favor of the student, Gavin Grimm, but last summer the Supreme Court agreed to temporarily stay that ruling while it considered an appeal.

The case will most likely be the highest profile issue the shorthanded Supreme Court will hear this term. There are currently only eight justices due to Justice Antonin Scalia’s sudden death.