The Gloucester County School Board asked the full 4th U.S. Circuit Court of Appeals to reconsider a ruling that a three-judge panel issued in favor of Gavin Grimm — a student at Gloucester County High School — on April 19.
Grimm alleges in a federal lawsuit he filed against the Gloucester County School Board that its policy barring him from using the boys restroom or locker room because they are not consistent with his “biological gender” is unconstitutional under the 14th Amendment’s Equal Protection Clause and violates Title IX of the U.S. Education Amendments of 1972.
WAVY reported the 4th Circuit’s decision allows Grimm to use the boys restroom, even though the Gloucester County School Board announced earlier this week that it plans to ask the U.S. Supreme Court to consider the case.
“We’re pleased the court refused to block a ruling on the right side of history, which means that Gavin is one step closer to finally being able to use the right facilities and to be treated with dignity,” Joshua Block, a staff attorney with the American Civil Liberties Union, told the Washington Blade on Friday in a statement.
The 4th Circuit’s latest ruling in the Grimm case comes against the backdrop of the continued fallout over the North Carolina law that bans trans people from using public restrooms consistent with their gender identity and prohibits municipalities from enacting LGBT-inclusive nondiscrimination ordinances.
North Carolina is among the states that fall under the 4th Circuit’s jurisdiction.