Gavin Grimm, a student at Gloucester County High School, alleges the Gloucester County School District’s policy that prohibits 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. His lawsuit also contends the regulation violates Title IX of the U.S. Education Amendments of 1972 that prohibits schools receiving federal funds from discriminating on the basis of sex.
The Justice Department and the Department of Education’s Office of the General Council filed briefs in support of Grimm.
The 4th U.S. Circuit Court of Appeals in Richmond in April ruled in Grimm’s favor.
The U.S. Supreme Court earlier this month issued an injunction against the decision that would have allowed Grimm to use the boys restroom during his senior year. BuzzFeed reported on Monday the Gloucester County School Board has asked the justices to reverse the 4th Circuit’s ruling.
The U.S. Supreme Court’s upcoming term begins on Oct. 3.