Court denies Virginia school board’s effort to appeal ruling declaring transgender bathroom policy unconstitutional

Virginia News

GLOUCESTER, Va. (WAVY) — An effort by the Gloucester County School Board to appeal a ruling declaring its bathroom policy for transgender students unconstitutional has been denied.

Earlier this month, the school board filed a petition asking the Fourth Circuit Court of Appeals to rehear its case against former student Gavin Grimm.

That request was denied, according to a tweet from the ACLU of Virginia.

“Discrimination against trans students is discrimination on the basis of sex and it’s illegal. Full stop,” the ACLU tweeted.

The school board announced Sept. 9 it had requested an en banc review in the Richmond-based United States Court of Appeals for the Fourth Circuit. The request would have meant the full circuit court of appeals — all the judges — would have heard the case and could potentially overturned the previous ruling by a three-judge panel.

The three-judge panel had ruled that the school division’s requirements that Grimm use restrooms for his biological sex, female, or private bathrooms violated his rights. Grimm began transitioning from female to male while at Gloucester High School. In 2016, as a senior in high school, he legally changed his sex to male via state court order and on his birth certificate.

The panel’s decision upheld a previous one from a federal judge in Norfolk. That judge ruled in 2019 that Grimm’s rights were violated under the Constitution’s equal protection clause as well as under Title IX, a federal civil rights law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.

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