The ACLU is asking the highest court in the land to not hear the case of a transgender student whose suing the local school board over what the group believes is a discriminatory bathroom policy.
Gavin Grimm filed the lawsuit with the ACLU and and the LGBTQ law group Lambda Legal over a year ago after Gloucester County School Board created a policy requiring students to use facilities aligned with their birth gender, not their gender identity. Grimm, who identifies as a boy but was born female, lost the battle at the district level in Norfolk but found support at the Fourth Circuit Court of Appeals here in Richmond.
Gloucester County appealed that decision and in early August SCOTUS sided with them in denying an injunction which allows the policy to stay in place despite the lower court ruling.
The legal brief submitted by the ACLU today asks the Supreme Court to uphold that lower court ruling and reverse the School Board’s policy. With the next SCOTUS session set to begin in early October, the civil rights group is hoping to provide this input ahead of case fall announcements.
“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. Block said Grimm is currently use a single stall restroom no other student is required to use.
“Every day that the stay remains in effect, Gavin loses another day of his senior year that he will never get back,” he said.