This Friday, the United States Supreme Court announced that it will be hearing the case of a Virginian transgender student named Gavin Grimm who was denied access to the male restrooms in his school.
The Court is reviewing a previous decision from the U.S. Court of Appeals for the Fourth Circuit which originally ruled that Grimm would be allowed to use the male bathroom. This ruling was a huge victory for Grimm and his legal team, who had been fighting this battle since his sophomore year (Grimm is now a senior in high school) but Grimm’s school system in Gloucester, Virginia appealed the case to the Supreme Court.
When Grimm first began his transition, his high school permitted him to use the male restroom for the first few months of his sophomore year. However, after multiple community members expressed concern about their children’s “privacy”, the Gloucester County School Board adopted a new policy which stated that transgender students would only be able to use single-stall restrooms.
The American Civil Liberties Union and its Virginia affiliate later sued the school board in 2015, citing Title IX which prohibits sex discrimination in schools. While some argue that this amendment is meant only to refer to sexism, the US Department of Justice and Department of Education have both said that the policy applies to trans students as well.
While the suit was originally denied by a District Court, it was then taken up by the US Court of Appeals for the Fourth Circuit who ruled in favor of Grimm and his usage of bathrooms that correspond with his gender identity.
However, since the Supreme Court has decided to review this case, at the request of the Gloucester School Board, the decision made by the appellate court is currently on hold, meaning that Gavin is still relegated to single-stall bathrooms, separate from the rest of his peers.
This case has the potential to be a monumental step in equality for transgender students.
If the court rules in Grimm’s favor then they could set a legal precedent for the rest of the nation. Depending on what the court decides, transgender students could be guaranteed the right to use the bathroom that correspond with their gender identity but the outcome is hard to predict.
With the death of ultraconservative Justice Antonin Scalia and the Republican-controlled Judiciary Committee refusing to hold hearing for Obama’s new Justice nominees, the court is shorthanded and therefore could end up with a tie. In this case, the original decision made in the appellate court would be held up and Grimm would be able to use the male restroom, however no legal precedent would be made.
Grimm himself is still adjusting to being thrust into the national spotlight, but he is staying strong and said in a statement released on Friday,
“I will do everything I can to make sure that other transgender students don’t have to go through the same experience.”
