Gavin Grimm’s battle for the right to use the boy’s restroom goes before the U.S. Court of Appeals in Richmond today, and 10 On Your Side plans to be there.
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Gavin Grimm, 16, and his attorneys on Wednesday are slated to take the teen’s case to the Fourth Circuit Court of Appeals, where judges will determine whether banning Gavin, who was born a girl, from the boy’s bathroom constitutes sex discrimination and is a violation of federal law.
Judge Andre Davis challenged Corrigan on that point, suggesting that “there’s no stigmatizing impact” on anyone other than Grimm in having the private restroom as the only viable option. Check back for more details on the hearing.
In December of 2014, the Gloucester County School Board adopted a new policy, which requires students to use bathrooms based on their biology, not gender. “I set out to use the bathroom”, he said.
Grimm himself attended the meetings, sitting in silence as people like Don Mitchell stood up to talk about safety, privacy, and the definition of gender.
David Corrigan, an attorney for the school board, argued that the restroom policy is not discriminatory because anyone can use the alternative unisex restrooms.
Concerns over what gender was and how the school board came to their definition of gender made Floyd ask what medical expert or scientific information the defense had to prove that gender was something assigned at birth and had to be kept concrete.
If judges rule in Gavin’s favor, it could clear the way for other transgender students to assert their rights to use the bathroom that corresponds with their gender identity and for supporters of transgender students to argue for greater protections in the nation’s schools.
That’s the policy that Grimm and the ACLU are appealing in court.
Gavin’s initial attempt at being granted a court injunction to allow his use of the boys’ restroom was denied last September in US District Court.
State Del. Mark Cole (R-Fredericksburg) earlier this month introduced a bill that would require people to use public restrooms that correspond with their “anatomical sex.”
“Right now I feel humiliated and dysphoric every time I’m forced to use a separate restroom facility just so I can carry out a basic function of human life”, Grimm told the Washington Blade of his ongoing struggle.
The U.S. Justice Department has filed a friend-of-the-court brief on Grimm’s behalf.
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Block also noted in the conference call that this would be the first time that a federal appeals court will weigh in on whether Title IX’s prohibitions on sex discrimination apply to transgender individuals, meaning it will likely be a bellwether case that could affect future court rulings dealing with anti-transgender discrimination.
