Judge Rules School District Engaged in ‘Sex Stereotyping’ by Not Allowing Girl to Use Boys’ Restroom

Photo Credit: ACLU

NEWPORT NEWS, Va. — A federal judge has ruled that a Virginia school district engaged in “sex stereotyping” by not allowing a female student who identifies as male to use the boys’ restroom.

U.S. District Judge Arenda Wright Allen, appointed to the bench by then-President Barack Obama, declined on Tuesday to declare as moot the legal challenge filed in 2015 by a former Gloucester High School student who goes by the name Gavin Grimm.

The case, which went all the way to the U.S. Supreme Court, had been sent back to the federal district court last August by the Fourth Circuit court of Appeals to determine “whether this case has become moot by reason of Grimm’s graduation.”

Instead of Wright Allen dismissing the case, as per the request of the Gloucester County School Board, she ordered both sides to enter into a settlement phase.

“The board’s argument that the policy did not discriminate against any one class of students is resoundingly unpersuasive,” she wrote. “[P]reventing … Grimm from using the boys’ restrooms did nothing to protect the privacy rights of other students, but certainly singled out and stigmatized … Grimm.”

Wright Allen opined that the school district could have employed a “non-discriminatory and more effective manner than barring … Grimm from using the boys’ restrooms.”

“The policy classified … Grimm differently on the basis of [her] transgender status and, accordingly, subjected [her] to sex stereotyping. The Equal Protection Clause protects Mr. Grimm from impermissible sex stereotypes—just as Title IX does, for the reasons articulated previously—and the court need only find that the board’s policy demonstrated sex stereotyping under the Equal Protection Clause,” she concluded.

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As previously reported, four years ago, while a student at the school, Grimm was directed to use the nurse’s restroom after she began identifying as a boy, and did so for a time. However, she soon decided that she would rather use the boys’ restroom.

“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.”

She 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.

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.

After a district court judge ruled in favor of the school district and the Fourth Circuit Court of Appeals ruled in favor of Grimm, the matter was fought all the way to the U.S. Supreme Court, which initially agreed to hear the case. However, after the Trump administration rescinded the Obama-era restroom directives in February 2017, the 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 Fourth Circuit then remanded the matter back to the district courts to determine whether the legal battle was moot since Grimm had graduated from high school.

Grimm called Wright Allen’s ruling a “relief” on Tuesday.

“After fighting this policy since I was 15 years old, I finally have a court decision saying that what the Gloucester County School Board did to me was wrong and it was against the law,” she said in a statement released by the ACLU.

The Gloucester County School Board continued to stand its ground.

“The school board is aware of the district court’s decision denying the motion to dismiss [Grimm’s] amended complaint,” officials said in a statement. “The school board continues to believe that its resolution of this complex matter fully considered the interests of all students and parents in the Gloucester County school system.”

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  • Common sense.
    Now so uncommon it can be justly classified as a superpower…

  • Lemon Drop

    The strange thing about this kid is that all the media play along with her delusion, referring to her as “him.” The search engines are in on the deception too. The girl’s name is Caitlyn Hope Grimm, not “Gavin,” and this info was completely hidden by Google and Yahoo (it finally showed up on Bing and DuckDuckGo). We think we have a “world of information” on the internet, but there’s still censorship at work. Her parents are going to have to answer to God for being her enablers in this nonsense. If your child is suffering from a delusion, the loving thing to do is set her on the right path. I know high school kids can be really cruel, and the poor girl obviously has a weight problem, so it’s probably safe to say that she didn’t look forward to school every morning. Nonetheless, dressing like a boy, wearing her hair like a boy, and then insisting on using the boys’ facilities were her own really bad choices. I don’t see a happy life for her, and shame on the adults who did not play their assigned roles as adults.

    • ♥LadyInChrist♥InGodITrust♥

      I agree with you.

      • Susan Perelka

        What worries me about all of this is…… if you are born male, but identify as a female, yet you still have the sexual attraction of a male. And vice versa. So we then allow someone into a bathroom, who still has sexual attraction towards the others using that bathroom! Are you crazy! And this applies a lot of times to changing rooms and showers also. Throw in young hormonal men and woman. WOW! That is something they never talk about, why don’t we start taking issue with that? I am getting really tired of this hyper-sexualization of our nation. What ever happened to…… keep it in the bedroom. When in Rome………..

        I think we live in the twilight zone.

        • ♥LadyInChrist♥InGodITrust♥

          We really are living in the twilight zone. Just when you think it can’t get any stranger , you find out you are wrong. The only good I can think of is that we are getting closer to the return of Christ. That makes me happy. But then I think of the lost and my heart breaks for them.

          • Susan Perelka

            We share the same heart, we LONG to be with Jesus and be done with this craziness, but we grieve over those who reject His offer of salvation, we don’t want them to perish. We keep going because somewhere, someone will listen and be saved. You want them to experience God’s mercy, as we have experienced it. It’s hard because we are begging them to listen and they close their eyes and stop their ears. All we can do is tell them and pray for them. They will have to make a choice. How I hope they make the right one.

          • ♥LadyInChrist♥InGodITrust♥

            I hope they make the right choice. And I pray they will before their last breath.

  • Amos Moses – He>i

    ‘Sex Stereotyping’

    GOD “stereotyped” ALL as either men or women …… and it is not within our purview to decide differently …………. this is anti-science ………..

  • Amos Moses – He>i

    “You cannot simply hang moral judgments, moral values and human rights in the air. They have to be based upon something concrete and objectively true. You cannot say “we need to treat people a special way because we say so”. You are going to have to make the argument eventually that human rights depend on human dignity, and human dignity has to be granted on something other than what one human being will recognize in another.”

    Albert Mohler

  • This chuckleheaded judge should be disbarred and never allowed to be around any children. She is not morally or mentally competent to do either.

  • Bob Jones

    Why do we as a nation feel that we need the courts to settle everything? Most of the time all we get is stench from the bench.

    • So, how would you like to control intersexuals? They have both male and female sex organs.

      But, you want a theocracy? That is exactly why we have a Bill of Rights that contains an Establishment Clause. You want religious warfare in the U.S.? Then do away with our secular constitution that allows everyone to live according to his conscience as guided by his genetic dispositions. You claim that right for yourself, please allow others to do the same.

      • Bob Jones

        I would much rather have a secular society based on the Constitution just the way it is. That way everyone can believe what they want to believe, and have an opportunity to convince others of their beliefs. What you mean is Theonomy, and not Theocracy. There has only been one example of a Theocracy in History, and that was O.T. Israel. Theonomy’s never work, and it doesn’t matter which religion is in charge. I never was proposing that. Intersexuals are a minute percentage of the population. Homosexuals are typically 3% or so of the population. Our Constitution is designed to protect the minority, but today, that minority forces the majority to live with their viewpoints. The Democrats have bastardized the term “Human Rights” to mean something the Founders never intended. You say “guided by his genetic dispositions”. Are you saying men should be allowed to be men, and women should be allowed to be women?

        • There has only been one example of a Theocracy in History, and that was O.T. Israel.

          Not true. There are Muslim theocracies. Some countries have something like a parliament, but no law can be passed that the clergy does not approve. That is theocratic rule (a theocracy).

          • Bob Jones

            You, like those typically found on the Left, lump all Christians into the Dominionist Theology camp. We’re not. As I said in my post, I prefer the secular government we have now over any religious government. Stop painting with such a broad brush.

          • You, like most theists, typically lump all liberals and progressives into the atheist philosophy. We are not all atheists (although I am). My social and moral philosophies are founded on four main propositions; equal rights, science, reason, and universal empathy.

            It is sad, indeed, that, as far as I can tell, fundamentalists are against all four. So THINK and consider the science of genetics and the right of people to have the same rights as you claim for yourself.

        • Addendum to my last response: Well, you didn’t answer the question of Intersexuals. So far, no Christian has even tried. How would you control their lives? To prevent Homosexuals from marrying or even to deny them all the rights of citizens to free commerce (licensed by the government) is actually forcing your views on them. Why not just leave them alone.

          Are you saying men should be allowed to be men, and women should be allowed to be women?

          That is exactly why I asked you about intersexuals and you snuffed it off as though their lives don’t matter and they don’t have rights because there is so few of them.

          If you understand genetics, then you must know that one’s genotype isn’t always complimented by one’s phenotype. Why are Christians trying to force them to be the same? That can cause nothing but stress, heartache, and sometimes, suicide. You are denying a person his right to be guided by his genetic proclivities.

          And exactly how are minorities forcing you to live by their viewpoint (which are vastly varied). Can you not have your own viewpoint and just not agree with theirs?

          • Bob Jones

            “Can you not have your own viewpoint and just not agree with theirs”? No, not if I am a person who is morally opposed to homosexuality. “I would much rather have a secular society based on the Constitution just
            the way it is. That way everyone can believe what they want to
            believe, and have an opportunity to convince others of their beliefs”. Please tell me where I said I would force others to live by my viewpoint?

          • I know that you will not agree, but what you believe to be moral is not, in my view nor the view of others. Things you believe to be moral, according to your religion, is immoral to people of others and they have every right to their belief as you have to yours. In the U.S., it is immoral to deny other citizens the same rights as you claim for yourself, e.g., the right to marry a person one loves, the right of a woman to control her own reproductive life, and the right of other religions and social philosophies to hold the very same legal status as you claim for your religion.

            You have a right to believe the actions of others is immoral, but as long as it is not against the law and it is a right you claim for yourself, they have a right to conduct their own lives the way THEY see fit, not the way YOU see fit.

            Yes, you have a right to try to convince BY ARGUMENT that others are wrong (I applaud that right), but you do not have a moral right to use the government as a blunt instrument with which to bludgeon the rest of society to live by YOUR moral standards. That, in itself, is immoral and unjust.

          • Bob Jones

            “but you do not have a moral right to use the government as a
            blunt instrument with which to bludgeon the rest of society to live by
            YOUR moral standards. That, in itself, is immoral and unjust”. I think you on the Left are the ones who are using the courts to force everyone to live by your standards.

          • My standards? You mean my standard of allowing everyone to have the same rights under the Constitution? Let’s get specific.

            Possible Issues for debate:

            1. Personal freedom/sovereignty/conscience v. freedom of religion (not just Christianity), and harmful acts (that’s a tricky one);

            2. The intent of the Establishment Clause;

            3. Science, genetics (phenotypes v. genotype), evolution, etc.);

            4. Government and religion (separation of church and state in matters of legislation);

            5. Social programs, worker and consumer rights and protections v. free market capitalism:

            6. Exclusive Christian prayer in government facilities including schools and official meetings v equal rights:

            7. The origin, flexibility or inflexibility of morality.

            8. All citizens having the same right to free commerce as licensed by tax supported government entities:

            9. Tax support to religious institutions for the purpose of sectarian proselytization.

            Those are just a few, but each, of course, are fed by meany tributaries and branches.

  • B1jetmech

    Congress needs to step in and limit the court’s jurisdiction on these social issues…courts are making a mess of our civil society.

  • Here’s a question I’ve yet to hear any fundamentalist answer: You want to control the lives of homosexuals and transgenders, how would you control the lives of intersexuals–people having both male and female sex organs? God didn’t make Adam and Steve? Apparently, he did.

    • ppp777

      Go back under you’re hole will you , reprobate .

      • What a brilliant, well considered fallacious argument. You must be a real champion of fundamentalist apologetics (my tongue placed firmly in cheek).

        Hint: If you can’t answer a question, it is best to just leave it alone because you will add nothing to the community pool of ideas..

        • ppp777

          You may as well ask the question ” is it right to have sex with a two year old ” , that’s how twisted you’re question was .

          • You may as well ask the question ” is it right to have sex with a two year old ” , that’s how twisted you’re question was

            I’m sorry ppp777, I rarely say anything like this, but that reply is possibly the most stupid reply I’ve ever received. The LAW requires both parties of a sexual act to AGREE to that act, and sex with a minor is ILLEGAL!

            Please think about your argument before you make it.

          • ppp777

            You have just prove without any doubt whatsoever that you are a total reprobate , goodbye and good riddance to bad blood .

  • “[B]ecause they have … trespassed against my law … they have sown the wind, and they shall reap the whirlwind…. (Hosea 8:1, 7)

    “A familiar proverb declares, “The road to hell is paved with good intentions.” America’s road to “hell” has been paved with rights, including:

    Natural rights
    Human rights
    Civil rights
    Political rights
    Religious rights (including the right for all non-Christian religions to proliferate)
    Educational rights
    Women’s rights (including the right to murder one’s unborn baby)
    Children’s rights
    Health care rights
    Welfare rights
    Homosexual rights
    Transgender rights

    “And this is the short list….

    “Because the framers failed to expressly establish the Constitution on Biblical ethics, the Ninth Amendment was inevitably interpreted to include the above list, as well as other Biblical infractions.

    “The latest to come from the rights culture created by the framers is the right of young men who claim to be transgender to share locker rooms, bathrooms, and even showers with girls in our public schools….”

    For more, see blog article “America’s Road to Hell: Paved With Rights.” Click on my name, then our website. Go to our Blog and search on title.

    Then “Rights: Man’s Sacrilegious Claim to Divinity.”

  • ppp777

    Children of Belial standing up for reprobates , lovely world we live in .

  • Why would she even want to? Not like she can use a urinal or anything.

  • Harry Oh!

    Activist judges need to start being impeached, disbarred and publicly shamed. Where is the outrage from decent, normal people? How can this stuff go on unchallenged? We need to fight back and push these ideological nuts out of the public arena.

  • Scott Smith

    If you have a penis, you go to the little boys room. Vagina? Little girs room. Period. I identify as a toaster, keep an eye on your bread.