The American Civil Liberties Union and the ACLU of Virginia filed with the 4th U.S. Circuit Court of Appeals in Richmond a one-page “notice of appeal” of U.S. District Judge Robert G. Doumar’s Sept. 4 ruling against Gavin Grimm.
The Gloucester County School Board last December approved a controversial policy that requires students to use restrooms and locker rooms that correspond to their “biological gender.”
The ACLU and the ACLU of Virginia in June filed a federal lawsuit on behalf of Grimm, alleging the policy violates the 14th Amendment’s Equal Protection Clause and Title IX of the U.S. Education Amendments of 1972 that prohibits schools that receive federal funds from discriminating on the basis of sex.
Doumar in late July ruled the policy does not violate Title IX.
The federal judge in his Sept. 4 ruling said that Grimm cannot use the boys restroom during the current academic year as his case against the Gloucester County School Board proceeds. Doumar has yet to rule on whether he will allow Grimm’s lawsuit to move forward based on his claim under the 14th Amendment.