The school board intends to file a request to the Supreme Court asking the Court to review the merits of the case and to reverse the federal court decision. He also believed that the lower court order should remain in place for Gavin. “In light of the facts that four justices have voted to grant the application referred to the court by the Chief Justice, that we are now on recess and that granting the stay will preserve the status quo”, he wrote, “I voted to grant the application as a courtesy”.
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The court voted 5-3 to grant the stay sought by the Gloucester County school district after Chief Justice John G. Roberts Jr. referred the stay application he received last month to the full court. A decision in favor of Grimm – or even a refusal by the Supreme Court to hear the case at this time – would allow the preliminary injunction to go into effect, and Grimm would be allowed to use the restroom while his lawsuit moves forward in district court. They say the law protects the rights of transgender students to use restrooms consistent with their gender identity. Twenty-three states are now suing the Obama administration over a guidance from the Department of Education that says it’s discriminatory to block transgender kids from bathrooms of their choice.
During that school board meeting, one speaker called him “freak” and compared him to a person who thinks he is a dog and wants to urinate on fire hydrants, the court filing says.
In a short opinion, Justice Breyer stated that he cast the fifth vote “as a courtesy” to preserve the status quo. However, if the court refuses to hear the case, the stay will dissolve.
Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan would have left the lower court decision undisturbed.
Following that directive, Doumar issued an injunction on June 23 ordering Gloucester schools to allow Grimm to use the boys’ restrooms, not including locker rooms, while the case proceeds.
‘It was crushing… it was very, very disappointing, ‘ Grimm, who is the only student to use a private bathroom at the school, told Wavy-TV of the decision.
For students like Gavin Grimm, who has now become the face of what will likely be a long legal process, a definitive decision from the Supreme Court can’t come soon enough.
Grimm’s claim of sexual discrimination had initially been dismissed by the court.
“We hope the Supreme Court agrees”, she said. The policy was that students should use the bathrooms for their biological sex, but if any felt uncomfortable doing so, a separate facility would be provided for these self-identifying transgender individuals.
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Gainesville City Schools Superintendent Wanda Creel didn’t respond to a request for comment on the issue Thursday.
