On Tuesday, a Virginia county school board said that it will ask the Supreme Court to open a case concerning the school district's transgender bathroom policy. If the Supreme Court agrees to open the case, it would be the first time the justice system considered whether federal civil rights law on sex discrimination apply to transgender rights.
Lawyers for the Gloucester County School Board argued that "it directly affects every school district and college in this circuit that receives federal funding and indirectly affects every such district and college in the United States.” In April, a federal appeals court consented with a transgender male student, Gavin Grimm, who argued that the school's policy violated federal anti-discrimination law.
In court papers filed on Tuesday, lawyers for the Gloucester County School Board asked the 4th Circuit Court of Appeals which consists of a divided three-judge panel who deferred to the Obama administration's interpretation of Title IX, to announce that they intend to file a petition with the Supreme Court.
The school’s lawyer argued that "the balancing of the individual's right to bodily privacy against the needs of individuals who are transgender is an issue that has become the subject of significant national debate in recent months.
Lawyer David P. Corrigan added that "the School Board has a responsibility particularly where children are still developing, both emotionally and physically, to ensure students' privacy.” Josh Block, a senior staff attorney at the ACLU, who is representing Grimm, released a statement criticizing the school board for spending "so much time and money to prevent Gavin from using the restroom." Block said that "we will continue to fight on behalf of Gavin and all transgender students to ensure that schools live up to their obligations under Title IX.”