Virginia Transgender Teen Scores Another Legal Win, With Implications for HB 2 | News
News
INDY Week's news blog

Archives | RSS

Tuesday, May 31, 2016

Virginia Transgender Teen Scores Another Legal Win, With Implications for HB 2

Posted by on Tue, May 31, 2016 at 6:10 PM

click to enlarge Gavin Grimm - AP PHOTO/STEVE HELBER
  • AP Photo/Steve Helber
  • Gavin Grimm
The American Civil Liberties Union of North Carolina is celebrating a denial of appeal in the case of a transgender student in Virginia, who successfully sued his school board over its discriminatory bathroom policy.

In April, the 4th Circuit U.S. Court of appeals handed sixteen-year-old Gavin Grimm as victory over the Gloucester County School Board by overturning a lower court's rejection of his suit.

Tuesday, that decision was affirmed in the Fourth Circuit, which also includes North Carolina. The state's chapter of the ACLU noted the implications for HB 2, quoting its legal director Chris Brook: "It’s time for Governor McCrory and the legislature to end their harmful and mean-spirited campaign to bully transgender students, acknowledge that HB 2 violates federal law, and repeal this discriminatory measure once and for all.” 

Here is Tuesday afternoon's press release from ACLU of North Carolina:

RICHMOND, Va. – The U.S. Court of Appeals for the Fourth Circuit has denied a request for an en banc review of an April decision by a panel of the same court that found that Title IX protects the rights of transgender students to use sex-segregated facilities that are consistent with their gender identity. In that case, a three-judge panel ruled in favor of a transgender student who challenged his high school’s discriminatory restroom policy that segregates transgender students from their peers by requiring them to use “alternative, private” facilities.

 

“Now that the Fourth Circuit’s decision is final, I hope my school board will finally do the right thing and let me go back to using the boys’ restroom again,” said Gavin Grimm, the high school junior who is the plaintiff in the case. “Transgender kids should not have to sue their own school boards just for the ability to use the same restrooms as everyone else.”

 

Today’s decision supports legal arguments being made against North Carolina’s House Bill 2, which prohibits transgender people, including public school students, from using public single-sex facilities that are consistent with their gender identity. In a federal lawsuit, the ACLU of North Carolina, American Civil Liberties Union, and Lambda Legal argue that HB2 is illegal because it violates Title IX and the Equal Protection and Due Process clauses of the Fourteenth Amendment. North Carolina is in the Fourth Circuit.

 

“This decision further backs up what we and others have said about HB2 from the moment it was introduced: it is illegal, discriminatory, and threatens the wellbeing and safety of transgender students,” said Chris Brook, Legal Director of the ACLU of North Carolina. “It’s time for Governor McCrory and the legislature to end their harmful and mean-spirited campaign to bully transgender students, acknowledge that HB2 violates federal law, and repeal this discriminatory measure once and for all.”   

 

North Carolina receives more than $4.5 billion in Title IX funding for secondary and post-secondary schools.

 

In an en banc review, cases are reconsidered by every active judge, of which there are 15 in the Fourth Circuit. In April, a three-judge panel ruled in favor of Grimm in his challenge to Gloucester High School’s discriminatory restroom policy that segregates transgender students from their peers by requiring them to use “alternative, private” facilities.

 
The ruling marked the first time a federal appeals court has determined Title IX protects the rights of transgender students to use sex-segregated facilities that are consistent with their gender identity. The Fourth Circuit remanded the case for the district court to reevaluate Gavin’s request for a preliminary injunction under the proper legal standard.
 


Tags: , , , ,

Pin It

Comments (2)

Showing 1-2 of 2

Add a comment

 
Subscribe to this thread:
Showing 1-2 of 2

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in News



Twitter Activity

Comments

You might want to check your reporting here. Council actually approved 6 of 8 affordable housing projects at this week's …

by FONCitizen on The Raleigh City Council Punts on Affordable Housing Decisions and I AM SHOCKED (News)

Very thorough coverage. Agree with the previous commenter - thank you!!

by elladavis on Responding to Activists, the Durham City Council Rejects Police Exchanges With Israel (News)

Most Read

Most Recent Comments

You might want to check your reporting here. Council actually approved 6 of 8 affordable housing projects at this week's …

by FONCitizen on The Raleigh City Council Punts on Affordable Housing Decisions and I AM SHOCKED (News)

Very thorough coverage. Agree with the previous commenter - thank you!!

by elladavis on Responding to Activists, the Durham City Council Rejects Police Exchanges With Israel (News)

What a biased, uninformative headline. Bravo to Durham City Council for taking a principled stand and shame on Indy Week …

by elladavis on Drawing Accusations of Anti-Semitism, Durham City Council Passes Statement on Police Exchanges (News)

You forgot to mention anti-Semitic Deborah Friedman. Remember your talking points.

by Zane Kuseybi on Durham Activists Want the City to Become the First in the U.S. to Condemn Exchanges Between Local Cops and Israeli Security Forces (News)

Unbelievable. No justice for either woman he murdered.

by Urth Creature on No Plans Friday? Michael Peterson is Talking to Dateline NBC (News)

© 2018 Indy Week • 320 E. Chapel Hill St., Suite 200, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation