WASHINGTON, D.C. – The U.S. Supreme Court won’t hear Virginia student Gavin Grimm’s transgender “rights” lawsuit.
The Supreme Court dismissed a U.S. Appeals Court ruling in the case last year that found the Gloucester County, Virginia school board violated Title IX anti-discrimination laws with a school bathroom policy that requires students to use the facilities that correspond to their biological gender, and returned the case to the lower court on Monday, Reuters reports.
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The decision follows the Trump administration’s move last month to retract a directive issued by President Obama last year that threatened to withhold federal funding from schools that did not comply with the former president’s interpretation of the federal law.
Obama ordered public schools nationwide to allow transgender students to use whatever restroom they want, and alleged that segregating students based on their biological gender constitutes discrimination.
Grimm is a 17-year-old senior at Gloucester High School who was born a girl but identifies as a boy. His school district initially allowed him to use the boy’s restroom, but instituted a biologically based school restroom policy after a backlash from parents in the community.
Grimm sued the Gloucester County School Board with the help of the ACLU in 2015 and the case was initially dismissed by a district court. Grimm appealed the decision to the U.S. Court of Appeals for the Fourth Circuit last year, citing Obama’s decree, and the court ruled in his favor. School officials then appealed that ruling to the U.S. Supreme Court, which issued an order in July 2016 preventing Grimm from using the boy’s restroom while his case proceeded.
The Supreme Court initially agreed to hear Grimm’s case in October and was scheduled to hear arguments this month, but justices changed course after Trump rescinded Obama’s transgender directive Feb. 22.
“A 1975 regulation adopted under Title IX allowed schools to provide ‘separate toilet, locker rooms and show facilities on the basis of sex,’” according to The New York Times. “The Fourth Circuit said that the rule was ambiguous and that the Education Department’s interpretation of it was entitled to ‘controlling weight.’”
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The Supreme Court on Monday vacated the Fourth Circuit appeals court’s initial ruling and sent the case back to be reconsidered in light of the Trump administration’s differing perspective on the law.
“Obviously this is not what we wanted, and it’s disappointing it’s going to drag this conversation out even longer,” Grimm told Reuters, adding that “if it took 10 years I would stick with it.”
“Thousands of transgender students across the country will have to wait even longer for a final decision from our nation’s highest court affirming their basic rights,” Sarah Warbelow, legal director of the Human Rights Campaign, complained to the Times.
Attorneys for both Grimm and the school district had asked the Supreme Court to rule on the case, regardless of Trump’s decision to rescind Obama’s decree.
Kerri Kupec, attorney with Alliance Defending Freedom, backed the school board and said he wasn’t surprised by the Supreme Court’s action.
“The 4th Circuit should affirm the plain meaning of Title IX, which protects boys’ and girls’ privacy in locker rooms, showers and restrooms,” Kupec said. “School officials should be free to protect their students’ privacy, safety and dignity without federal government interference.”
The school board issued a statement that said it “looks forward to explaining why its commonsense restroom and locker room policy is legal under the Constitution and federal law” when it returns to court in the Fourth Circuit, Reuters reports.
ACLU attorney Joshua Block, meanwhile, has vowed to continue Grimm’s crusade for transgender “rights.”
“This is a detour, not the end of the road, and we’ll continue to fight for Gavin and other transgender people to ensure that they are treated with the dignity and respect they deserve,” he said.


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