August 29, 2016 at 5:52 pm EDT | by Michael K. Lavers
Supreme Court asked to hear Gavin Grimm case

Gavin Grimm (Photo courtesy of American Civil Liberties Union of Virginia)

Gavin Grimm (Photo courtesy of American Civil Liberties Union of Virginia)

A Virginia school district has formally asked the U.S. Supreme Court to hear a lawsuit that challenges its controversial bathroom policy.

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.

Michael K. Lavers is the international news editor of the Washington Blade. Follow Michael //

  • VA where the confederacy was born and Richmond was its capital

    and still is the captial

    glouster counny is due east of the former confederate county and includes newport news area

    In northern VA much of it is liberal /progressive elsewhere esp in VA very conservative or worse

    • “very conservative or worse…”
      Ooooh, That’s real scary stuff, Steve.

      But that’s downright goofy, and wildly inaccurate. Your assessment is not even good history.

      The truth is Virginia is a ‘purpling’ state– but now definitely leaning to Democratic leaders, especially in its most recent dozen years.

      Moreover Virginia is increasingly LGBT-welcoming, even in areas Steve thinks are “very conservative or worse.” That’s including, but not limited to cities and towns like Charlottesville, Blacksburg, Roanoke, Lynchburg, Norfolk and Richmond– all of which are located outside of Steve’s apparent Virginia ‘safe zone’ in northern Virginia.

      Virginia also has vibrant LGBT communities and activism throughout the commonwealth. Equality Virginia, located in Richmond, is and has been an effective political force throughout the Commonwealth.

      Three out of four of Virginia’s last 4 governors are Democrats (including its current Democratic Party governor, Terry McAuliffe).

      Both of Virginia’s U.S. Senators are Democrats (including, Tim Kaine, now running for Vice-President). A now national Democratic Party legend, Barack Obama, carried the state in both 2008 and 2012. Clinton/Kaine are running far ahead of Trump/Pence in current polls.

      Democrat Donald McEachin– a longstanding vocal champion of LGBT rights– may very well be elected the central-SE located 4th CD’s U.S. Congressman in November. He is an African American presumably well aware of Virginia’s past history.

      Are there instances of institutional anti-LGBT bigotry and discrimination in Virginia. Of course there are. But there are cases of anti-LGBT bigotry and discrimination in Washington, DC — and its police department, too.

      No need to be afraid of one’s shadow. Go visit Virginia. Talk to its people. Judge for yourself.

      Besides, Virginia is being quickly populated by people from all over the country. Tim Kaine is reflective of that demographic change. Kaine was born in St. Paul and raised in Kansas City.
      elsewhere esp in VA very conservative or worse**

  • “he” is not a man. “He” got a vagina

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