The appeals court’s ruling establishes legal precedent in every state in the 4th Circuit, including North Carolina, which faces a lawsuit challenging a new state law requiring transgender people to use the public bathroom that corresponds to the sex listed on their birth certificate.
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In backing high school junior Gavin Grimm, the U.S. Court of Appeals for the 4th Circuit deferred to the U.S. Education Department’s interpretation of policies that give transgender students access to the bathrooms that match their gender identities rather than their biological sex. In September, U.S. District Judge Robert Doumar ruled against Gavin by dismissing his Title IX claim but allowed his case, under the Equal Protection claim, to proceed.
Attorneys for the school system argued in court that anyone can use the unisex bathroom and a Title IX violation has not taken place.
While the country’s other federal appeals courts aren’t obligated to follow this court’s ruling, they’re supposed to consider it when deciding similar cases, said Pate, who was not directly involved in Grimm’s case.
The three-judge panel reversed and vacated the ruling in part and remanded it back to district court, saying it “was guided by erroneous legal principles”.
The law adds a section to the North Carolina Wage and Hour Act that prohibits local and city governments from imposing compensation requirements, including minimum wage levels, benefits, hours worked or well-being-of-minors requirements. He said high schools should be allowed to make “appropriate arrangements for those students that have unique circumstances”.
North Carolina business leaders on Tuesday called for a repeal of a new state law they blamed for mounting economic losses as opponents cancel jobs and events over concerns that it discriminates against gay and transgender people.
The post Court rules in favor of transgender student in bathroom case appeared first on PBS NewsHour. The appeals court also cited numerous decisions and guidance from other federal agencies in the last few years that have come to the same conclusion. Including the two senior judges, the court now has 10 judges appointed by Democrats and seven by Republicans. Yet he said the appeals courts decision confirms one of their key arguments. David Patrick Corrigan, an attorney for the school board, didnt immediately return a phone message requesting comment. Grimm was born a female but identifies as a male.
He was allowed to use the boys’ restrooms at his high school in 2014 until some parents complained. Several people referred to Grimm as a girl and young lady, and one person even called him a “freak”.
The Gloucester County District said the policy was meant to respect the privacy of all students. The board had received complaints from dozens of irate parents because the then-16-year-old female student had been using the boys’ facilities for seven weeks or so. The majority found that Grimm needs to be heard in court on his suit regarding the fact that he was wrongly banned from the boys bathroom in his rural Virginia high school.
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“Hopefully this is the beginning of the end of the situation”, Grimm said in a telephone interview. At some point, proponents of love and inclusion will win the day, but it’s going to be a long, tough and, at times, unpleasant slog.
