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Federal appeals court sides with transgender teen, says bathroom case can go forward | Federal appeals court sides with transgender teen, says bathroom case can go forward |
(35 minutes later) | |
A federal appeals court in Richmond has sided with a transgender high school student, saying that he can proceed with his lawsuit arguing that his school board’s decision to ban him from the boy’s bathroom is discriminatory. | A federal appeals court in Richmond has sided with a transgender high school student, saying that he can proceed with his lawsuit arguing that his school board’s decision to ban him from the boy’s bathroom is discriminatory. |
In backing high school junior Gavin Grimm, the 4th Circuit deferred to the U.S. Education Department’s interpretation of policies that give transgender students access to the bathrooms that match their gender identities rather than their biological sex. The department has said that denying transgender students access to the school bathrooms of their choice is a violation of Title IX, which prohibits discrimination at schools that receive federal funding. | |
“The Department’s interpretation resolves ambiguity by providing that in the case of a transgender individual using a sex-segregated facility, the individual’s sex as male or female is to be generally determined by reference to the student’s gender identity,” Judge Henry Floyd wrote. | “The Department’s interpretation resolves ambiguity by providing that in the case of a transgender individual using a sex-segregated facility, the individual’s sex as male or female is to be generally determined by reference to the student’s gender identity,” Judge Henry Floyd wrote. |
[Read the 4th Circuit Court’s opinion in Grimm v. Gloucester County School Board] | |
In a 2-1 decision, the 4th Circuit reversed a lower court ruling, saying that court had used the wrong legal standard in denying the student a preliminary injunction that would have allowed him to use the bathroom at his high school in Gloucester County, Va. Floyd, who wrote the majority opinion, also ruled that the boy’s discrimination lawsuit could move forward. He remanded the case to the lower court to be reheard. | In a 2-1 decision, the 4th Circuit reversed a lower court ruling, saying that court had used the wrong legal standard in denying the student a preliminary injunction that would have allowed him to use the bathroom at his high school in Gloucester County, Va. Floyd, who wrote the majority opinion, also ruled that the boy’s discrimination lawsuit could move forward. He remanded the case to the lower court to be reheard. |
The 4th Circuit is the highest court to weigh in on the question of whether bathroom restrictions constitute sex discrimination, and the decision could have widespread implications on how the courts interpret the issue as civil rights activists and local politicians battle over school bathrooms. | The 4th Circuit is the highest court to weigh in on the question of whether bathroom restrictions constitute sex discrimination, and the decision could have widespread implications on how the courts interpret the issue as civil rights activists and local politicians battle over school bathrooms. |
A U.S. District judge in Virginia last year denied Grimm’s request for a preliminary injunction — which was backed by a statement of interest from the Justice Department — ruling that the privacy rights of other students outweigh the hardship Grimm endures by having to use a separate bathroom. That judge also granted the Gloucester County school board’s motion to dismiss the suit outright, a decision that the 4th Circuit overturned Tuesday. | A U.S. District judge in Virginia last year denied Grimm’s request for a preliminary injunction — which was backed by a statement of interest from the Justice Department — ruling that the privacy rights of other students outweigh the hardship Grimm endures by having to use a separate bathroom. That judge also granted the Gloucester County school board’s motion to dismiss the suit outright, a decision that the 4th Circuit overturned Tuesday. |