Supreme Court Avoids Ruling On Gavin Grimm's Case Regarding Transgender Rights

Gavin Grimm

It has now been referred back to the Fourth Circuit Court of Appeals for further consideration in "light of new guidance documents issued by the Trump administration". The school board had passed a policy requiring all students to use the bathroom that corresponds with their gender assigned at birth. As CNN notes, this is a significant move: In sending the case back, the Supreme Court is letting the lower courts determine if discrimination based on gender identity equates to discrimination based on sex-and how the federal law should apply. When Gavin was denied access to the boys' bathroom at his high school in the small town of Gloucester Courthouse in Virginia, under his identity as a boy. he and his mother sued the school board under Title IX.

The decision comes after the Trump administration's recent policy change, which revoked the protections for transgender students in public schools that were put in place under former President Obama previous year.

On Monday, the Supreme Court sent the case involving the transgender high school student back to a lower court.

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The Trump administration withdrew that guidance, which was issued by the Obama administration.

"School officials should be free to protect their students' privacy, safety, and dignity without federal government interference", she said. When Trump scrapped the guidance, the Supreme Court asked both sides for new filings on how the case should proceed.

Tony Perkins, president of the Family Research Council Christian conservative advocacy group, said the Supreme Court's action "provided good news to parents and students concerned about privacy and safety in school showers, locker rooms and bathrooms". Grimm is expected to address the Supreme Court's decision at noon today in a Facebook Live chat with the Human Rights Campaign.

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The U.S. Court of Appeals for the 4th Circuit must now consider whether Title IX's prohibition of discrimination on the basis of sex includes gender identity.

Attorney General Jeff Sessions asserted that the Obama administration guidance had been a federal overreach because "Congress, state legislatures, and local governments are in a position to adopt appropriate policies or laws addressing this issue". He has covered the Supreme Court since November 2006. "To be clear, transgender students are covered by Title IX and are entitled to the same rights and protections as every other student".

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