Federal judge wants more lawyer input in bathroom law case

Gavin Grimm, who won the U.S. Circuit Court of Appeals decision in April, must continue using the private bathroom provided by his Virginia high school while the Supreme Court makes its decision.

A Gloucester County transgender student will not be able to use the bathroom that corresponds to his gender identity when classes start this fall. The male justices – John Roberts, Clarence Thomas, Anthony Kennedy, Samuel Alito, and Stephen Breyer – voted in favor of the stay, while the females – Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor – dissented. That’s because four justices on the Supreme Court are blocking an injunction issued by the Fourth Circuit Court of Appeals in his case against the school system there.

On June 23, the United States District Court for the Eastern District of Virginia entered an injunction to allow Grimm to use whichever restroom at school that fits his gender identity, largely because that stance is supported by a directive earlier this year from President Barack Obama’s administration that asks all states to allow transgender students full restroom freedom at public schools.

Wilmore also added that the ordinance was not a political thing but something that parents requested from the school. That lawsuit is now scheduled for trial in January 2017.

Last month, the Virginia school board associated with Grimm’s lawsuit petitioned the Supreme Court to block the lower court’s injunction. Therefore, the court deferred to the Obama administration’s interpretation and ordered the school board to allow to Grimm to use the boys’ bathroom. Assuming the late Justice Antonin Scalia’s seat remains open and the justices vote along ideological lines, the most probable result is an evenly split decision, which would reinstate the appeals court’s ruling and allow Grimm into the boys’ room.

Jeremy Tedesco, from ADF, stated that it was “significant” that the Supreme Court had sought to “preserve the status quo as it’s always been in society, as it’s always been in schools”.

The American Civil Liberties Union, which has helped Grimm in court, released a statement on the issue saying it is hopeful Grimm will ultimately prevail.

Borchers says, “It really comes down to what is meant by sex in title IX”. When Doumar ruled in favor of Grimm in June, the School Board said it was a “devastating blow to the School Board’s authority” and would impair privacy rights, causing “irreparable harm” to students, school officials and parents. Amin can be reached at 757-247-4890.