Judge: Va. school board can appeal Gavin Grimm ruling

By : Michael K. Lavers OF THE WASHINGTON BLADE, COURTESY OF THE NATIONAL LGBT MEDIA ASSOCIATION
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A federal judge on Tuesday said a Virginia school board can ask a federal appeals court to consider whether its bathroom policy is discriminatory.

U.S. District Court Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia in Norfolk, Va., on May 22 dismissed the Gloucester County School Board’s motion to dismiss Gavin Grimm’s lawsuit against the policy. The Associated Press reported Wright — who in 2014 ruled Virginia’s constitutional amendment that defines marriage as between a man and a woman is unconstitutional — on Tuesday granted the school board’s request to petition the 4th U.S. Circuit of Appeals to resolve the case.

Grimm in 2015 filed a federal lawsuit against Gloucester County School District’s policy prohibiting students from using bathrooms and locker rooms that don’t correspond with their “biological gender.” Grimm and his lawyers with the American Civil Liberties Union alleged the policy violated Title IX of the Education Amendments of 1972 and the 14th Amendment’s Equal Protection Clause.

The U.S. Supreme Court was scheduled to hear oral arguments in the case in March 2017. The justices remanded it to the 4th Circuit after President Trump rescinded guidance to public schools that said Title IX of the Education Amendments of 1972 requires them to allow trans students to use restrooms based on their gender identity.

Grimm graduated from Gloucester County High School last June.

Allen in her ruling upheld Grimm’s claims under Title IX and the 14th Amendment’s Equal Protection Clause.

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