Virginia court stands with trans Gloucester student despite school board appeal
Gavin Grimm’s be told he can use the boys restroom next school year, no matter what legal maneuvers his school board tries to use.
Late last month, the same judge who originally denied Grimm an injunction was forced to support the student after the Fourth Circuit Court of Appeals ruled in his favor.
Gloucester County School Board had asked for the injunction to be stayed while their lawyers worked on an appeal, but U.S. District Court Judge Robert G. Doumar denied the request saying the “appeals court’s actions indicated that it wanted its judgment to take effect immediately,” according to AP.
There’s still the actual trial to undergo, though the Fourth Circuit’s show of support for Grimm seems to bode well for his cause.
Grimm is being represented by the ACLU which has argued transgender students are protected under the Title IX and forcing them into the bathroom aligned with their birth gender, not their gender identity, discriminates against them on the basis of sex.
Schools that violate Title IX can lose federal funding which often makes up a bulk of their budget.
Doumar, who presides over the Eastern District of Virginia in Norfolk, initially denied Gavin’s request for a preliminary injunction and dismissed his Title IX claim. ““You’re fighting an uphill battle,” said Doumar in the court room after denying testimony from the US Justice Department which had thrown their support behind Grimm and transgender students around the country.
But in April of this year, the U.S. Court of Appeals for the Fourth Circuit reinstated Grimm’s Title IX claim, holding that Title IX protects the rights of transgender students to use sex segregated facilities consistent with their gender identity. The higher court instructed Doumar to reexamine the case with this in mind, forcing the injunction.
This now pushes the case back to the lower court for a proper hearing. Sources closes to the case were told the Gloucester County School Board plans to appeal this case wherever and however possible, even going as far as the US Supreme Court for a final decision, so don’t expect a speedy resolution to this complicated issue.
There’s also no court date set yet, but GayRVA will continue to follow the case as it evolves.
The North Carolina governor cited costs of litigation, noting that his state is also the defendant in a lawsuit filed against him by the Dept. of Justice on similar grounds.September 19, 2016
- Prev DC’s Brother Help Thyself opens call for LGBTQ related grants
- Next Quill Theatre brings Shakespeare’s ‘The Merchant of Venice’ to Agecroft Hall tonight
- Back to top
- Gov. McAuliffe drops video promoting Commonwealths LGBT Tourism Campaign #LoveVA
- Theatre VCU’s ‘A Trip to Bountiful’ is a bounty of delights
- Hillary Campaign brings actor Blake Cooper Griffin to VA Pride
- AG Herring and VA’s marriage equality plaintiffs open Hillary Campaign office in Southside
- The Valentine’s Lesbian and Gay bus tour returns just in time to coincide with Pride