LGBT Kos Community
The US Court Of Appeals For The Fourth Circuit has reinstated a Virginia trans student’s case under Title IX. The district court had ruled that that trans people were not covered under Title IX, and the Fourth Circuit ruled that they were and sent the case back to district court for further review. This could have implications for HB2 out of North Carolina since NC is in the Fourth Circuit.
From Towleroad:
The Fourth Circuit Court of Appeals just ruled 2-1 in favor of Gavin Grimm, who sued the Gloucester County School Board, arguing that its policy requiring students to use facilities that correspond with their “biological gender” or gender-neutral single-person restrooms is a violation of Title IX of the Education Act of 1972, which bans discrimination based on sex.
Since, North Carolina is part of the 4th Circuit, the ruling could have major implications in the battle against HB2 – including the threat of losing millions in federal funding if the law isn’t repealed.
The News & Observer reports:
“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 in Tuesday’s majority opinion.
The three-judge 4th Circuit panel reversed a lower court ruling in Virginia, saying the judge 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 also ruled that the boy’s discrimination lawsuit could move forward and sent the case to the lower court to be reheard.
