Gavin Grimm, a senior at Gloucester County High School, alleges in a federal lawsuit 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. Grimm 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 4th U.S. Circuit Court of Appeals in Richmond ruled in favor of Grimm in April. The Gloucester County School District petitioned the U.S. Supreme Court late last month to consider the case.
The ACLU and the American Civil Liberties Union of Virginia represent Grimm.
“We hope the Supreme Court rejects the school board’s request to hear the case and that Gavin will finally be able to attend high school without being singled out and stigmatized every time he has to do something as basic as using the restroom,” said Joshua Block, a senior staff attorney with the ACLU’s LGBT Project. “Every day that the stay remains in effect, Gavin loses another day of his senior year that he will never get back.”
The U.S. Supreme Court’s upcoming term begins on Oct. 3.