The Supreme Court in the US has announced that it is sending a landmark transgender rights case back to the Fourth Circuit Court of Appeals, to be reconsidered in light of the Departments of Justice and Education rescinding of a Title IX guidance clarifying protections for transgender students.
The action, in the case of high school student Gavin Grimm, means that the Supreme Court will not hear arguments on March 28 as originally scheduled. The case is Gloucester County School Board v. G.G.
The lawsuit argues that the bathroom policy is unconstitutional under the Fourteenth Amendment, and violates Title IX of the U.S. Education Amendments of 1972, a federal law prohibiting sex discrimination by schools.
The Fourth Circuit originally ruled in favor of Grimm, in his case challenging the Gloucester County School Board’s decision to force him to use a separate, single-stall restroom that no other student is required to use.
Joshua Block, senior staff attorney at the American Civil Liberties Union (ACLU) LGBT Project, and lead counsel for Grimm, had the following reaction:
“Nothing about [this] action changes the meaning of the law. Title IX and the Constitution protect Gavin and other transgender students from discrimination. While we’re disappointed that the Supreme Court will not be hearing Gavin’s case this term, the overwhelming level of support shown for Gavin and trans students by people across the country throughout this process shows that the American people have already moved in the right direction and that the rights of trans people cannot be ignored. This is a detour, not the end of the road, and we’ll continue to fight for Gavin and other transgender people to ensure that they are treated with the dignity and respect they deserve.”
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