Breaking: Virginia School Board to Ask Supreme Court to Review Transgender ‘Bathroom’ Case

Having Lost Twice at the Appeals Court Level, School Board Tries One More Time to Thwart Equality

A Virginia school board will ask the U.S. Supreme Court to review its case, after having lost twice already at the appeals court level. The Gloucester County School Board wants to prevent transgender teen Gavin Grimm from using boys’ restrooms and locker rooms, but the 4th Circuit Court of Appeals ruled in Grimm’s favor in April. A three-judge panel then refused to re-hear the case in May.

Now, the school board has revealed in a court filing it “intends to file a petition for writ of certiorari with the United States Supreme Court.” In other words, it will ask the court to review its case.

The school board has also asked the 4th Circuit to place a stay on its ruling, allowing its policy of requiring students to use facilities the correspond with their birth certificates, until the Supreme Court makes its decision.

Buzzfeed’s Chris Geidner, first reporting the development, notes the ACLU, which is representing Grimm, “opposes the stay request.”

The case rests on the ACLU’s position, which is the same as the Obama administration’s position, that the school’s policy violates Title IX. The April ruling gave more weight to the Obama administration’s position, and coincidentally further de-legitimized North Carolina Gov. Pat McCrory’s anti-LGBT law HB2.

Last month, reporting the 4th Circuit’s refusal to re-hear the case, NCRM noted the school system’s only course of action to continue the case is to head to the U.S. Supreme Court. Given that there are only eight members on the court currently, a win for transgender rights would come either by the court refusing to hear the case, or by deciding in favor of equality, either of which is more likely given the court’s current composition.

Equality Case Files has the filing:

  

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.

Image by Deanna LeBlanc via Twitter