U.S. Supreme Court Agrees to Decide Whether Govt. Can Require School to Let Girl in Boys’ Restroom

Grimm-compressedWASHINGTON — The U.S. Supreme Court has agreed to hear a Virginia school board’s appeal of a ruling siding with the Obama administration’s demand that it allow a female student who identifies as male to use the boys’ restroom. The decision will affect public schools nationwide.

The eight justices said on Friday that the case will be heard and decided in 2017. It will be one of the most major decisions of the year.

The appeal will be limited to the following two questions from the school board’s petition to the court: “[S]hould deference extend to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought?” and “With or without deference to the agency, should the Department’s specific interpretation of Title IX and 34 C.F.R. § 106.33 be given effect?”

The student at the center of the case, who goes by the name Gavin Grimm, will not be able to use the boys’ restroom in the interim.

“I continue to suffer daily because of the school board’s decision to make my bathroom use a matter of public debate,” she said on Friday in an op-ed published by the Washington Post. “I feel the humiliation every time I need to use the restroom and every minute I try to ‘hold it’ in the hopes of avoiding the long walk to the nurse’s office.”

As previously reported, Grimm, now 17, told reporters in December 2014 that she began using the boys’ restroom at Gloucester High School after obtaining permission from the principal when she expressed disapproval over being forced to use the nurse restroom.

“I’m not a girl. I’m not using the girl’s restroom,” Grimm stated. “So I said, ‘Hey, where can I use the restroom?’ … And so they said, ‘Use the nurse’s room,’ and at the time I was fine with that, because I was still afraid—I didn’t know how my peers would react. So, I didn’t want to push the envelope any further than I had to all at once.”

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But she said that the option soon became a problem.

“The nurse’s office is at least a three minute walk from the class I have closest to it. It took a substantial amount of time out of my class time, and it was embarrassing,” Grimm said. “When you’re gone for 15 minutes at a time to use the bathroom, what are high schoolers gonna think? It’s humiliating and it’s alienating.”

The student therefore asked the principal about the matter, who suggested that Grimm go ahead and use the men’s restroom since she identifies as a boy. But some of the parents of the male students soon learned about the allowance, and the issue turned up before the school board.

Due to the concerns of parents, the board voted to approve a policy requiring students to utilize the restroom that correlates with their biological gender, or to use a private bathroom.

But in response, Grimm sued the Gloucester County School Board with the aid of the American Civil Liberties Union (ACLU) in an effort to overturn the policy.

“By excluding Gavin—a transgender boy—from the boys restrooms because the school board does not deem him to be ‘biologically’ male, the school board, under color of state law, has treated and continues to treat Gavin differently from similarly situated students based on his gender,” the suit asserted.

Last September, District Court Judge Robert Doumar, appointed to the bench by then-President Ronald Reagan, ruled against Grimm, disagreeing with the ACLU that the board had violated Title IX with its restroom policy.

“Title IX prohibits discrimination on the basis of sex and not on the basis of other concepts such as gender, gender identity, or sexual orientation,” Doumar wrote.

The ACLU appealed the decision to the Fourth Circuit Court of Appeals, which ruled 2-1 in favor of Grimm in April by pointing to the Obama administration’s recent interpretations of the federal statute.

It then sent the case back to Doumar, who was instructed to rule in light of how the U.S. Department of Education views the federal statute. Doumar consequently ordered the board to allow Grimm to use the boys’ restroom.

The Gloucester County School Board then appealed the order to the U.S. Supreme Court, asserting that it will cause “irreparable harm to the board, to the school system and to the legitimate privacy expectations of the district’s schoolchildren and parents alike.”

In August, the court granted the emergency injunction, blocking Grimm from using the boys’ restroom at least until it decided whether or not to accept the board’s appeal.

“Schools have a duty to protect the privacy and safety of all students. That’s a compelling reason for the Supreme Court to review the 4th Circuit’s decision in this case, especially when other courts—including the 4th Circuit itself previously—have upheld that principle,” Alliance Defending Freedom (ADF) Senior Counsel Gary McCaleb said in a statement on Friday.

“In light of the right to bodily privacy, federal law should not be twisted to require that a male be given access to the girls’ facilities, or a female to the boys’ facilities,” he said. “The Supreme Court should reverse the 4th Circuit’s ruling, which is out of step with the law and previous federal court precedent.”


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  • OldBut YoungMoney

    Trump better appoint a tie breaker on our side so we can keep sanity…

  • Max

    This young woman’s name is Caitlyn Hope Grimm. She is not a boy, and her name is not Gavin.

    • uninvitedguest

      This is Gavin Grimm. A transgender boy.

      • Max

        And you are full of nonsense.

        • uninvitedguest

          Sweet little christian reply. Typical of your type

          • Max

            Have a nice day.

          • uninvitedguest

            Thanks! You too.

        • uninvitedguest

          Why the edit?? LOL!

      • Amos Moses

        Again …. ROTFL and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L and L ….. ad infinitum ………

      • Amos Moses

        No such thing ………

    • Amos Moses

      ROTFL ……….

      • Max

        No, seriously, that is her name. When the name “Gavin Grimm” first hit the news, I discovered that the most common search engines did not even reveal the girl’s real name. I thought this was a little disturbing, that all the media (including Google and Yahoo) had chosen to play along with the girl’s delusion and pretend her birth name never even existed. Finally the real name turned up on a DuckDuckGo search. It’s a little creepy that we have all these sources of information, and yet it’s still possible to “hide” information.

        • uninvitedguest

          Its not his name anymore. Can you people not understand something that simple? It’s not a delusion to him and his parents, only to those like yourself.

          • Amos Moses

            “It’s not a delusion to him and his parents, only to those like yourself.”

            it is a delusion to you and the parents and s/he ….. whatever it thinks it is but is not ……………

          • Max

            A 3yo knows that a male and female are physically different.
            This person is female physically, and even if she mutilates her body through surgery, her DNA is still female.
            Reality is a good thing. Lying is bad.

          • uninvitedguest

            Its very obvious that you know nothing of transgender people. Try doing a little research and educate yourself.

  • Grace Kim Kwon

    Girls should not use boys’ restrooms. It is too dangerous for such girls, and the practice would destroy manhood among men in the land by endangering other women and girls. Americans should stop being bored. Unlike Americans, many Earthlings are truly suffering upon this planet. Rich people get mental illness out of boredom and harm others who work hard to make just another day.

  • Reason2012

    So notice the hypocritical logic they use:

    If you’re a man who only FEELS like a woman, even though you still have male genitalia, it’s “discrimination” to make him use the bathroom with other men.

    But if you’re REALLY a BIOLOGICAL woman (who obviously also FEELS like a woman, btw), then it’s NOT discrimination to make her use the bathroom with other men who will now walk in on her, both in bathrooms and locker rooms.

    Behold the hypocrisy of their “discrimination” lies.

    They want to discriminate against everyone else in the name of stopping discrimination. They are discriminating against and endangering everyone else by enabling_perverts, predators and_pedophiles.

    These activists who push these agendas do not care for the LGBT people – they proved it when they rush to defend islam / sharia law when 50 LGBT were killed by yet another person following islam / sharia law. This is nothing but using LGBT to attack Christianity and normalcy.

    Contact your representatives about the REAL discrimination: forcing 100% of women and little girls to use the bathroom with men who will walk in on them in bathrooms and locker rooms.

    • uninvitedguest

      Back with your nonsense. This isnt an attack on christians. Love it when you show those true racist colors.

      • Amos Moses

        and what “race” would that be …………………..

  • Amos Moses

    the “tolerance” of the left ………..

    youtube;com/watch?v=njN75nJdCAk – Replace the ; with a .

  • parquet

    OK, she feels like a boy,
    and I feel she is crazy.
    So don’t my feelings count as much as hers do?

  • https://disqus.com/home/channel/atheismftw/ Ian Cooper

    Just make all bathrooms co-ed. Problem solved.

    • Pais Theou

      Use the girls’ room, you’ll fit right in.

  • Jenny Ondioline

    Transgenderism is real. Calling her a girl when she believes herself to be a boy is basically dismissing transgenderism as a real thing.

  • Gena B

    With all this confusion these people are having about being a boy or girl is going to leave the rest of us completely confused. Imagine over the next 20-30 years how devastated the family structure will be. You won’t know who you are really talking to and what’s left? People identifying as neither and calling themselves “It” They will do away with asking people what gender they are on tests, maybe we will all just get a number.

    • https://disqus.com/home/channel/atheismftw/ Ian Cooper

      Yes, we might even have to start defining people by the content of their character, rather than by the content of their underpants. For some of us, the result will be awful. Human Sacrifice, dogs and cats living together, mass hysteria.

      Meanwhile, I suspect those of us with an IQ over 20 will manage okay.

      • Gena B

        Really? LOL quoting Bill Murray. That’s your go to?