In a first-of-its-kind ruling, the U.S. Fourth Circuit Court of Appeals found Tuesday that a male transgender teen prohibited from using a male bathroom does indeed have a Title IX discrimination claim that deserves to be heard in court.
Gavin Grimm, 16, was told by the Gloucester County School Board that he must use a separate bathroom, per its policy for transgender students. The ACLU petitioned a federal district court last year to put a preliminary injunction on the policy so Grimm could use the male bathroom, but U.S. District Judge Robert Doumar dismissed the Title IX-based discrimination case. However, the Fourth Circuit appeals panel sided 2-1 with Grimm—it's the same circuit that governs North Carolina, which is now facing a Title IX challenge from the ACLU over its HB2 law. The ruling relied on a U.S. Department of Education policy that transgender students should be allowed to use the bathroom that aligns with their gender identity. Anne Blythe reports on the ruling:
“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.
An ACLU press release noted the historic nature of the ruling.
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. [...]
"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."