Yet Another Win for Virginia Transgender Teen Gavin Grimm at 4th Circuit

Fourth Circuit Hands Down Another Decision Against Gloucester County School Board

Virginia teenager Gavin Grimm was handed yet another win at the 4th Circuit Court of Appeals Thursday afternoon. Back in April the appeals court ruled in favor of the transgender teenaged boy, affirming that discrimination against transgender students qualifies as sex discrimination under Title IX. 

Grimm had sued the Gloucester County School Board, which adopted a policy forcing him to use a single-stall restroom. The April ruling was a big win, but the Gloucester County School Board appealed, asking that a three-judge panel of the 4th Circuit re-hear the case. They refused, handing Grimm another win.

This week, the Gloucester County School Board announced it will ask the U.S. Supreme Court to take up the case, and asked the 4th Circuit, in light of the possibility they might win at the Supreme Court, to stay – place a hold on – its ruling, again forcing Grimm into a discriminatory setting. 

Thursday afternoon, the 4th Circuit handed Grimm another win. In a 2-1 vote, the judges refused to stay their ruling.

What’s next?

The Gloucester County School Board can ask the Supreme Court to stay the 4th Circuit’s ruling. If they do, and if the Supreme Court agrees to stay the 4th Circuit’s ruling, that is no indication of how they would rule, or even if they will take the case. If the Supreme Court refuses to intervene, and not stay the 4th Circuit’s ruling, it’s more likely they will not take the case, suggesting they see no need to review the court’s decision.

Or, the Gloucester County School Board can just accept the 4th Circuit’s ruling, and wait for the Supreme Court to agree to hear its case – or to refuse to review it.

As Joe.My.God. notes, the 4th Circuit includes “Virginia, West Virginia, South Carolina, and (hello) North Carolina.”

Equality Case Files has today’s ruling.

 

Image by Deanna LeBlanc via Twitter