Appeals Court Sends ‘Transgender’ Restroom Case Back to Lower Court to Determine if Matter Moot

Photo Credit: ACLU

RICHMOND, Va. — A federal appeals court has returned a case involving a Virginia girl who identifies as a boy and wanted to use the boys’ restroom at school back to the district court to determine whether the matter is moot since the student has now graduated from high school.

“[A] crucial threshold question arises in this appeal whether ‘one or both of the parties plainly lack a continuing interest’ in the resolution of this case such that it has become moot,” the Fourth Circuit Court of Appeals wrote on Wednesday. “Because all of the prior litigation was conducted while Grimm was a student, the parties have presented us with nothing more than unsupported assertions regarding Grimm’s continued connection to his high school and the applicability of the school board’s policy.”

“Accordingly, we conclude that it is necessary to remand this case to the district court to determine, in the first instance, whether this case has become moot by reason of Grimm’s graduation—a resolution that will likely ‘require factual development of the record by the district court and possibly additional jurisdictional discovery,'” it stated.

The court sent the case to the lower court less than six months after the U.S. Supreme Court likewise remanded the matter back to the Fourth Circuit since the Trump administration withdrew the Obama-era directive on “transgender” restroom use in public schools.

As previously reported, the case centers around a Gloucester High School student who goes by the name Gavin Grimm. Three years ago, Grimm was directed to use the nurse’s restroom after she began identifying as a boy, but soon decided that she would rather use the boys’ restroom. Grimm is now a senior and will be graduating this summer.

“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 told reporters in 2014. “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 spoke to 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.

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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. 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.

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.

“Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives or benefits from federal financial assistance,” the law reads.

“A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.”

The ACLU appealed the decision to the Fourth Circuit Court of Appeals, which ruled 2-1 in favor of Grimm in April 2016 by pointing to the Obama administration’s interpretations of the federal statute. The Fourth Circuit then sent the case back to Doumar, who was instructed to rule in light of how the federal departments view the 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.”

Last August, the court granted the board’s request for an emergency injunction, and in October, it agreed to hear the case.

However, after the Trump administration rescinded the Obama-era restroom directives in February, the U.S. Supreme Court remanded the case back to the Fourth Circuit and also vacated the appeals court’s ruling, advising the panel to revisit the decision.

The matter is now back to square one in determining whether or not the case should even proceed or if it is moot since Grimm has graduated from high school.


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  • 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.

    • Ambulance Chaser

      This is only hypocrisy if you don’t understand the definition of “discrimination.” And that applies now and every other time you’ve copied and pasted this same screed, word for word.

      • Amos Moses – He>i

        discrimination is using COMMON SENSE to AVOID bad consequences …… and this lacks total common sense …. if only common sense were common ………

        • Ambulance Chaser

          Yeah, no, that’s not even close to the definition.

          • Amos Moses – He>i

            no … that is not close to the definition you want us to accept ……… but that is the definition ………

          • Ambulance Chaser

            Says who?

          • Amos Moses – He>i

            yeah … SAYS WHO …………

      • meamsane

        Is it discrimination to treat an actual girl as a girl?
        Is it discrimination to distinguish between one thing and another?
        Example: To make a distinction between a boy and a girl!

        • Ambulance Chaser

          Okay, so is a trans girl a girl?

          • Amos Moses – He>i

            ummmm … NO …. ummmm … DUH …………….

          • Ambulance Chaser

            Well,every major medical psychiatric and psychological organization in America disagrees with you. But I’m sure you would know better than them.

          • Scott Davenport

            Pulled that info outta your abomination ass there, buddy??? Half of those professions are quacks telling the mentally ill that’s it fine to be all screwed up in the head….

          • Ambulance Chaser

            That’s not really an argument. When you’re ready to make one, I’ll read it in whichever journal you publish in.

          • Amos Moses – He>i

            nope …. everyone of them you mention …. DISAGREES WITH GOD ……….. God knows better …. He CREATED them ………….

          • Sisyphus

            Your apriori superstition and myth do nothing to advance logic or reason.

          • Amos Moses – He>i

            it is all EMINENTLY logical and REASONABLE ….. but you reject those things ……..

            “superstition and myth ”

            is that a scientific or a theological argument …………

          • Sisyphus

            Science deals in testable objective facts, which you seem unable to provide, so… scientific.

          • Amos Moses – He>i

            Science belongs to GOD …. you use His tool and think you do not owe Him the acknowledgement of it …..

            but fine …. where is YOUR scientific EVIDENCE that it is myth and superstition …… you made the claim ….. where is YOUR proof …………..

          • Sisyphus

            The proof is in the definition of the words. As in, an unsubstantiated belief in supernatural beings. Rituals practiced to appease these unproven beings. Stories presented as facts which are objectively unverifiable. Show me one piece of objective proof, and I will embrace metanoia.

          • Amos Moses – He>i

            nope … that is not evidence … that is your conjecture ….. especially “Rituals practiced to appease these unproven beings.” ….. complete and total conjecture …… so do you have any real evidence …….. because all you have so far is even less than superstition and myth …. all you have is vain imaginings …….. and that … sadly for you …. is NOT science ……. it is your positive claim of non-existence ……. where is your scientific evidence ……….

          • Sisyphus

            I’ve repeated this ad nauseum, but I don’t completely deny the existence of some sort of higher power in the universe; just the ridiculous dribble I hear from you and your filthy theology. Your cross is a mast of oppression. Jesus’ suicide was paying for his own sins, not mine.

          • Amos Moses – He>i

            sure … BUT YOU DID ……… when you said …….” superstition and myth” ……… so now you are just another LIAR …. AD NAUSEUM ……….. and you cant back up the check your mouth wrote ………

          • Sisyphus

            There are many gods whose existence you deny, and isn’t it convenient you happened to be born and raised to believe in the one true god, of thousands. Show me one piece of objective proof of the god you describe and I will achieve metanoia and repent. Until then, the only concept that may be considered a god, comes from within.

          • Amos Moses – He>i

            there is only one God ……… and you deny Him ……. quit deflecting ….. YOU HAVE SAID HE IS A SUPERSTITION ….. and then say you dont know …… that is a LIE no matter how you try to cut it ………….. and you are a liar …. mr ad nauseum …………

          • Sisyphus

            I said the god, described by you and many others is superstition and myth. Still waiting for objective proof.

          • Amos Moses – He>i

            so you deny his existence ….. calling Him a “superstition” ……. but then say “I’ve repeated this ad nauseum, but I don’t completely deny the existence of some sort of higher power in the universe” ….. you are a LIAR …….. as YOUR CALLING HIM a SUPERSTITION saying you DO KNOW ….

            YOU ARE A LIAR ………. and you cant prove your FALSE ASSERTION ………….. you are a liar ………

          • Sisyphus

            Ha, call me a liar once more, that might make it true. Your god is no less a myth than Zeus or Jupiter. Do you have any objective proof I am wrong? Waiting…

          • Amos Moses – He>i

            you have NO OBJECTIVE PROOF OF ANYTHING because you called it SCIENCE ….. and you LIED about that …….. you HAVE NO SCIENCE ……. and you accept no evidence ………….. so DEFINITELY not science …..

          • Amos Moses – He>i

            you have rejected ALL THE EVIDENCE so far ….. why would anything new change …… you do not want any evidence ….. what would be the point … to deepen your denial ……

          • Sisyphus

            Evidence is subject to interpretation and not intrinsically proof. As a positivist, existentialist and humanist, physical proof is paramount.

          • Amos Moses – He>i

            truth is separate from and independent of any proof ….. gravity exists if you can prove it or not …. anyone unaware of the theory of gravity … ANYWHERE ….. is still governed by that truth …… and AGAIN ….. you just ADMITTED YOU HAVE NO PROOF of NONEXISTENCE or that it is a SUPERSTITION OR A MYTH …….. so you DEFY your own standard …… you have nothing but LIES ………….

          • Sisyphus

            Yawn, good bye.

          • Amos Moses – He>i

            again … DEFLECTION ………. and just more LIES to cover WHAT YOU CANNOT prove …….. by YOUR OWN STANDARD …. what was that again ….. ” a positivist, existentialist and humanist, physical proof is paramount” you said … IT WAS PARAMOUNT …. you said IT WAS SCIENCE ….. you HAVE NO PROOF …. and by your own words and your own standard …. WHICH YOU ARE NOW IGNORING ….. you have NOTHING …………… YOUR STANDARD ………….

          • Sisyphus

            Boring and redundant, go stick your nose in your favorite book of tales and fables. The burden of proof is on the claimant. Excuse me, whilst I try to find someone with something substantive to add.

          • Amos Moses – He>i

            you violate your own standard … you are a liar ……..

          • Amos Moses – He>i

            BTW … absence of evidence is not evidence of absence ……… only that you have not found or are not even looking ……. try again ………..

          • Ambulance Chaser

            Prove it.

          • Amos Moses – He>i

            whats to prove …… they disagree with God and His revealed word ……

          • zampogna

            I think “DUH” is something you say when you have the answer right. In this case, you clearly don’t.

          • meamsane

            Trick question or you just trying to be clever?
            Trans girl=boy by birth. In other words, a fake girl.
            Trans boy=girl by birth. a fake boy.
            If everything is equally valid and there are no distinctions (discrimination), then why is there a problem here, as in the article?

          • Ambulance Chaser

            I didn’t say “there are no distinctions.” I do believe, however, that if the scientific community believes that trans people are the sex they present as, that’s good enough for me.

          • meamsane

            The medical community caves to political pressure. This isn’t based on science. This is politics. Anorexia is very similar to Transgender in the way they view themselves.
            Why then are Anorexics not told by this same medical community that they should go on diets and confirm the image of themselves as they present it as they do the trans? I will answer this for you.
            Because the Anorexics are not political activists with an agenda. There not putting political pressure on the same medical community as the trans are to remove their mental disorder from the books nor being treated by this same medical community with confirmation for the false image of themselves.

          • Ambulance Chaser

            Or possibly because they’re completely and utterly different conditions, with different causes, effects, reactions to treatment, external factors, and physiologists?

            You’re basically suggesting that we should prescribe beta blockers for hepatitis like we do for cardiac arrhythmia based on the fact that they’re both health conditions affecting the general torso area.

          • meamsane

            I’m suggesting no such thing. You sure do like to build strawmen and argue past what’s being said!

          • Ambulance Chaser

            Yes, you are. You’re suggesting that two totally unrelated conditions should be treated the same way (if such a thing is even possible) based on the fact that they’re both mental conditions. This makes no sense.

          • meamsane

            Now your going to tell me what I meant as if I didn’t know myself?
            Doctors don’t even know what causes “Transgenderism”. Yet they are being “treated” by doctors confirming their false image of themselves. Mutilating perfectly healthy body parts, prescribing hormones to make a person appear as this false image knowing fully that this is contrary to objective reality, that a boy cannot become a girl nor vise-versa no matter what they do. To me, this is malpractice.
            The Anorexic has a similar false image of themselves. But instead of Doctors confirming this false image like they do with Trans, they actually treat the Anorexic with therapies that try to get the patient to see the true image of themselves instead of the false one they hold. This was my point.

          • Ambulance Chaser

            Scientists don’t “know” anything. Science only speaks in terms of how much information we have supporting a particular theory. And our understanding of gender dysphoria is extensive and well supported. So is our understanding of anorexia. We are reasonably certain of how to diagnose and treat both. The fact that you choose to ignore all of it and substitute your own, completely fabricated explanations for everything is not the scientific community’s problem. It’s yours.

          • Bob Johnson

            “Doctors don’t even know what causes ” fill in blank “. Yet they are being “treated” by doctors ”

            The same could be said of cancer, erectile dysfunction, or a tooth ache.

    • TheKingOfRhye

      First of all, show me any kind of examples of LGBT activists “rushing to defend Sharia law”. Cus I sure haven’t seen that.

      • Reason2012

        Islam is being taught in public schools with greater frequency. Simple search public school islam. FFRF and LGBT activists do nothing. But if a Bible is left on a teachers desk, it’s lawsuit time. Please cite your posts denouncing this blatant islam indoctrination.

        • TheKingOfRhye

          You didn’t give me any example of anyone “rushing to defend” anything.

          • Reason2012

            So you can’t cite any of your posts denouncing islam being taught in more and more public schools. You’re another perfect example of what I’m talking bout.

          • Ambulance Chaser

            He has to cite things but you don’t?

          • Reason2012

            I denounce islam all the time and expose it for being taught in public schools. Yet here you are as always trying to deceive and pretend islam is not being taught in schools while Chrsitianity is censored, which proves my point exactly: you claim to be atheists or lgbt activists, while defending islam being taught in our schools by your behavior of either pretending it’s not going on when it is, or pretending “it’s just education” while raging if a bible is even on a teacher’s desk, both of which prove my point exactly.

          • Ambulance Chaser

            I’m not defending it, I’m saying it doesn’t exist.

          • TheKingOfRhye

            “You’re another perfect example of what I’m talking bout. ”

            What ARE you talking about? First, it was about people (fake LGBT activists apparently) supposedly defending Sharia. I asked for specific examples of that, but you never gave any, instead you turned it into being about supposed Islamic indoctrination in public schools. As to that, I don’t know about any particular examples where you think that’s what’s going on, since you never gave any. I would certainly be against that if it were the case, but I don’t have a problem with Islam (along with other religions) being taught about in something like a “world religions” class, or whatever they would call it.

          • Reason2012

            See you pretend Islam is not being taught in public school when it clearly is, which if you really were against it you’d be posting on sites that talk about it. But you don’t. So others will do a simple search of public school islam and see the countless sources that point out this is exactly what’s going on, while you sit here and defend it by claiming it’s not, and if it was, you’d supposedly be against it. Meanwhile if a person leaves a bible on their desk, they’re sued – but teaching salvation through islam is just fine, which exposes these activists as not really being atheist or lgbt, which they pretend to be, but really pro-islam activists.

          • TheKingOfRhye

            “while you sit here and defend it by claiming it’s not”

            Maybe I wasn’t clear enough in the way I put what I said, but I wasn’t claiming it was or wasn’t, either way. I said I don’t know of any examples particularly. Why don’t you just give me an example of this indoctrination that you think is going on, and then maybe we can talk about that? After all, you’re the one making the claim here.

            “Meanwhile if a person leaves a bible on their desk, they’re sued – but teaching salvation through islam is just fine,”

            Read what I said again: I would certainly be against that [meaning
            indoctrination] if it were the case, but I don’t have
            a problem with Islam (along with other religions) being taught about in
            something like a “world religions” class, or whatever they would call
            it

        • TheKingOfRhye

          I denounce indoctrination of ANY religion in public schools, by the way.

          • Reason2012

            But you’re fine with islam being taught to kids in public schools while Christianity is not taught to kids in those same schools, which contradicts your claims.

          • TheKingOfRhye

            I never said any such thing.

          • mr goody two shoes

            I’m against indoctrination and for teaching correct christian doctrine and correct Islam doctrine because I’m not ashamed of the gospel of Christ that can even save you from going through the hell of learning more about non christian doctrines.

          • TheKingOfRhye

            Just learning about a “non-Christian doctrine” is “going through hell”? Really?

      • Moxie Miscellany

        Isn’t the entirety of LGBT illegal under Sharia? I mean, Sharia law is literally just a couple of steps away from the Christian theocratic law that people like Ken Ham keep demanding…

    • Jerome Horwitz

      It’s called misogyny.

  • Amos Moses – He>i

    Sex swap patient to undergo gender reassignment for the THIRD time as “she” becomes woman AGAIN…