A federal judge has ordered a school board in rural Virginia to give a transgender student, who was born female but identifies as male, access to the boys’ bathroom while his discrimination lawsuit against the school board proceeds.
Gavin Grimm, a 17-year-old rising senior at Gloucester High in Gloucester County, Va., sued the school board last year after it passed a policy requiring students to use bathrooms based on their “biological gender.” He alleged that the policy barring him from the boys bathroom violated his civil rights and ran afoul of Title IX, which bans sex discrimination in public schools.
The U.S. Court of Appeals for the 4th Circuit sided with the teen in April, deferring to the Obama administration’s position that transgender students are entitled to use bathrooms that match their gender identity.
The judges also ruled that the lower court should reconsider a request that would have allowed Grimm to use the boys’ bathroom at his high school while the case is pending, saying the judge had used the wrong standard. The school board has said it will ask the U.S. Supreme Court to hear the case.