U.S. District Judge Robert G. Doumar says that it is “highly unlikely” he will grant a preliminary injunction requiring Gloucester County Public Schools to allow a transgender teenaged boy to use the men’s or boy’s restrooms.
Before he began his sophomore year in high school, Gavin Grimm notified officials at Gloucester High School that he was transgender and had legally changed his name to Gavin. When he started school, the principal allowed Gavin to use the boys’ bathroom, but after parents and others pressured the school board, Gavin was forced into separate unisex bathrooms.
“While we have an obligation to provide minority rights, we still are a majority rule country,†one woman said at the Gloucester County School Board meeting on November 11. “To combine males and females in the same bathroom, same gym room, you are opening up a door that is going to be disastrous,†another woman warned.
The American Civil Liberties Union (ACLU) filed a complaint with the U.S. Department of Justice, and on June 11, 2015, a suit was filed against the Gloucester County School Board for revoking Gavin’s access to boys’ facilities. The ACLU is claiming that Gloucester County Public Schools is violating Title IX, a federal law that prohibits discrimination on the basis of sex in schools that receive federal funding.
The school district argued that being transgender is not a protected class under the Constitution and that they had offered three unisex restrooms to the entire student body at the school in addition to allowing Gavin to continue using the girls’ restrooms.
“All students have equal comparable restroom facilities,” said David Corrigan, a lawyer for the school district. “He is not being treated differently.”
Joshua Block, an attorney for the ACLU, argued the contrary. “The stigma is not being transgender,†he explained, “it’s being told you have to use a separate restroom.”
The Washington Blade reports the “Justice Department on June 30 filed a ‘statement of interest’ with the court that argues Title IX requires school districts allow trans students to use the restroom that corresponds with their gender identity.”Â
According to the Daily Press, U.S. District Judge Robert G. Doumar dismissed the Title IX discrimination claims in the lawsuit because the federal law allows schools to have separate restrooms based on sex.
“I have no problem understanding Title IX,” Judge Doumar said. “It’s specific and exact.” He also added that it was “highly unlikely” he would grant a preliminary injunction requiring Gloucester County Public Schools to allow Gavin to use the boy’s restrooms.
Even though the judge dismissed the Title IX discrimination claims, he did not rule on the injunction. The lawsuit is also claiming that the Gloucester County Public Schools’ policy violates the Equal Protection Clause of the 14th Amendment. To date, no federal court has ruled that restricting a transgender student’s restroom use is discriminatory, so history will be made if the judge rules in Gavin’s favor. Judge Doumar will issue a written opinion and set a trial date soon after.
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Video and screenshot via WAVY