The case Gavin Grimm filed against Gloucester County School Board earned the victory, now protecting transgender students from discrimination including being excluded from the use of restrooms aligned with their gender identity. The Human Rights Campaign (HRC) responded to the court decision today.
Yesterday, the federal court denied Gloucester County School Board’s petition to dismiss a case filed by former student Gavin Grimm for implementing a school policy that prohibits transgender students from the use of restroom that matches with their gender identity. The lawsuit was filed by The American Civil Liberties Union and the ACLU of Virginia on behalf of Gavin Grimm.
Sarah Warbelow, the nation’s largest LGBTQ civil rights organization Legal Director, said in a statement that students should not feel unsafe at school, regardless of their gender identity. Warbelow noted that the rights of transgender students are protected under Title IX of the Constitution. These students are entitled to the equal rights and protection as every other student, she added.
Warebelow says that the organization is delighted that the federal court has reaffirmed legal rights and dignity of transgender people regardless of the Trump-Pence administration continuous attacks on LGBT people, including children.
Gavin Grimm has permission from the Gloucester County School administrators to use the boys’ restroom in accordance to his gender identity as a part of Gavin’s medical treatment for gender dysphoria. Gavin used the boy’s restroom for almost two months without any incidents until the school received complaints from parents and Gloucester County residents. As a result, the school board voted 6-1 in favor of a new discriminatory policy that prohibits transgender students, like Gavin, use the restrooms aligned with their gender identity.
Gavin graduated in 2017, still prohibited from his right. After his graduation, he filed a complaint with the district court for nominal damages and a declaration that the Board violated Gavin’s rights under Title IX and the Equal Protection Clause. The charge includes permanent injunction preventing the Board from prohibiting him from the restrooms when he’s on the school grounds for alumni activities.
The court allowed both parties to schedule a settlement conference within 30 days. The federal court also supported Gavin’s right, reaffirming that Title IX and the Constitution protect the rights of transgender students from using restrooms that match their gender identity.