Gloucester teen Gavin Grimm announced on Facebook July 5 that the 4th U.S. Circuit Court of Appeals has will hear oral arguments in Grimm’s lawsuit on Sept. 12. Mr. Grimm sued the Gloucester County School Board for its policy banning transgender students from using restrooms that match their gender identity, instead of their assigned sex at birth.
Grimm recently graduated from Gloucester High School and the court will determine whether to dismiss the lawsuit because he is now a former student and not currently experiencing injury. In addition, the judges will listen to arguments regarding Grimm’s right to sue for sex discrimination under Title IX of the Education Amendments Act of 1972.
Grimm’s lawyers have argued that his case is still relevant as the potential for other transgender children in Gloucester public schools may be subject to the discriminatory policy. Grimm’s lawyers argue that his Fourteenth Amendment rights were violated under Title IX as banning a person from a public space based on gender identity constitutes sex discrimination.
In 2016, the 4th Circuit ruled that Grimm had the right to sue under Title IX, based on the Department of Education’s interpretation that the law’s nondiscrimination protections should extend to students discriminated against based on their gender identity, supported by guidance provided by the Obama administration that was recently rescinded by the Trump Administration, causing Grimm’s case to be punted from the Supreme Court back to the Fourth Circuit.
Grimm was recently honored last month by the Department of Justiceduring Pride month.
Recent articles about Gavin Grimm and his lawsuit: