Federal appeals court rules in favor of transgender teen Gavin Grimm

Richmond, Va. – A federal court of appeals today ruled in favor of transgender male student Gavin Grimm in his challenge to Gloucester High School’s discriminatory restroom policy that segregates transgender students from their peers by requiring them to use “alternative, private” facilities.

“In a case closely watched by public schools and transgender-rights activists across the country, a three-judge panel of the 4th U.S. Circuit Court of Appeals overturned the Gloucester County School Board's policy. A federal judge had previously rejected Gloucester High School student Gavin Grimm's sex discrimination claim,” the Associated Press reported.

The ACLU issued a statement after the decision was handed down.

“The ruling from the U.S. Court of Appeals for the Fourth Circuit marks the first time that a federal appeals court has determined that Title IX protects the rights of transgender students to use sex segregated facilities that are consistent with their gender identity. The Fourth Circuit remanded the case for the district court to reevaluate Gavin’s request for a preliminary injunction under the proper legal standard.

“’I feel so relieved and vindicated by the court’s ruling.’ said Grimm. ‘Today’s decision gives me hope that my fight will help other kids avoid discriminatory treatment at school.’

“’Today’s Fourth Circuit decision is a vindication for Gavin and a reinforcement of the Department of Education’s policy.’ said Joshua Block, a senior staff attorney at the ACLU Lesbian, Gay, Bisexual, and Transgender Project. ‘With this decision, we hope that schools and legislators will finally get the message that excluding transgender kids from the restrooms is unlawful sex discrimination.’

“‘Gavin’s fight has been a beacon of hope in the face of increasingly hostile rhetoric against transgender people in Virginia, and across the nation,’ said Gail Deady, The Secular Society Women’s Rights Legal Fellow at the ACLU of Virginia. ‘The court’s ruling sends a strong message to schools and lawmakers that discriminatory restroom policies don’t just harm transgender students, they put Title IX funding at risk.’

The AP coverage noted that, “Transgender rights have become the latest civil rights battleground issue across the country after the Supreme Court laid to rest the gay marriage debate when it ruled last year that same-sex couples had the right to marry. The issue was thrust further into public consciousness in 2015 when Olympic athlete and reality TV star Bruce Jenner disclosed his transgender identity and name change to Caitlyn Jenner.

“The appeals court's ruling establishes legal precedent in every state in the 4th Circuit, including North Carolina, which faces a lawsuit challenging a new state law requiring transgender people to use the public bathroom that corresponds to the sex listed on their birth certificate. The sweeping law, which also barred cities from passing anti-discrimination ordinances like one recently passed in Charlotte, has prompted a national backlash. Businesses and politicians have announced boycotts of North Carolina, and legal challenges ensure that the wedge issue will dominate Republican Gov. Pat McCrory's re-election campaign.

“Other states in the 4th Circuit are Maryland, West Virginia and South Carolina.

“Grimm was born female but identifies as male. He was allowed to use the boys' restrooms at the school for several weeks in 2014. But after some parents complained, the school board adopted a policy requiring students to use either the restroom that corresponds with their biological gender or a private, single-stall restroom.’

“Grimm, 16, said he started refusing to wear girls' clothes by age 6 and told his parents he was transgender in April 2014.

“Grimm's parents helped him legally change his name, and a psychologist diagnosed him with gender dysphoria, characterized by stress stemming from conflict between one's gender identity and assigned sex at birth. Grimm began hormone treatment to deepen his voice and give him a more masculine appearance.”

The ACLU statement said, “The American Civil Liberties Union and the ACLU of Virginia brought the case in June 2015 seeking a preliminary injunction so that Gavin may use the boys’ restroom when school resumed for his junior year. In September, U.S. District Judge Robert Doumar ruled against Gavin by dismissing his Title IX claim but allowed his case, under the Equal Protection claim, to proceed.”

“The U.S. Justice Department filed a ‘statement of interest’ in Grimm's case in July, declaring that failure to allow transgender students to use the restroom that corresponds with their gender identity amounts to sex discrimination,” according to the AP story.

The ruling can be found at: http://pdfserver.amlaw.com/nlj/GLOUCESTER_CA4_20160420.pdf.

An AP story by Larry O'Dell, Associated Press writer, contributed to this coverage.

The Gayly – April 19, 2016 @ 1:30 p.m.