According to a story in yesterday’s Washington Post, Gavin Grimm’s legal saga took a turn backward yesterday as the federal appeals court said it would not immediately take up his case to for his right to use the boys’ bathroom.
Because Mr. Grimm is no longer a student in Gloucester, the U.S. Court of Appeals for the 4th Circuit said Wednesday that a lower court has to determine whether or not Grimm still retains enough of an affiliation to Gloucester High School in order to continue the case.
“Because all of the prior litigation was conducted while Grimm was a student, the parties have presented us with nothing more than unsupported assertions regarding Grimm’s continued connection to his high school and the applicability of the school board’s policy,” according to the order from Judge Paul Niemeyer, who was joined by Judges Allyson Duncan and Henry Floyd.
“We remand this to the district court for the limited purpose of resolving, in the first instance, whether this case has become moot.”
Additional coverage of Grimm’s latest legal setback can be found here.
