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4 Quotes from Gavin Grimm鈥檚 Latest Victory

Gavin Grimm.
Yet another federal appeals court has ruled that transgender students are protected from discrimination.
Gavin Grimm.
Joshua Block,
Senior Staff Attorney,
老澳门开奖结果 LGBT & HIV Project
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August 27, 2020

The Fourth Circuit Court of Appeals yesterday ruled in favor of 老澳门开奖结果 client Gavin Grimm, deciding that restroom policies segregating transgender students from their peers and denying transgender student accurate transcripts are unconstitutional and violate Title IX, the federal law prohibiting sex discrimination in education.

The decision comes after a five-year long court battle that began when the 老澳门开奖结果 and 老澳门开奖结果 of Virginia filed a sex discrimination lawsuit against the Gloucester Country School Board for adopting a discriminatory policy requiring Grimm and other transgender students to use 鈥渁lternative private鈥 restrooms.

Here are four highlights from the decision today:

鈥淕rimm鈥檚 four years of high school were shaped by his fight to use the restroom that matched his consistent and persistent gender identity. In the face of adults who misgendered him and called him names, he spoke with conviction at school Board meetings. The solution was apparent: allow Grimm to use the boys鈥 restrooms, as he had been doing without incident. But instead, the Board implemented a policy that ... sent him to special bathrooms that might as well have said 鈥楪avin鈥 on the sign. It did so while increasing privacy in the boys鈥 bathrooms, after which its own deposition witness could not cite a remaining privacy concern. We are left without doubt that the Board acted to protect cisgender boys from Gavin鈥檚 mere presence 鈥 a special kind of discrimination against a child that he will no doubt carry with him for life.鈥

鈥淭he proudest moments of the federal judiciary are when we affirm the burgeoning values of our bright youth, rather than preserve the prejudices of the past. ... How shallow a promise of equal protection that would not protect Grim from the fantastical fears and unfounded prejudices of his adult community. It is time to move forward. The district court鈥檚 judgment is Affirmed.鈥

Judge Wynn issued a second opinion in agreement, called a concurrence, adding:

鈥淭h[is] is indistinguishable from the sort of separate-but-equal treatment that is anathema under our jurisprudence. No less than the recent historical practice of segregating Black and white restrooms, schools, and other public accommodations, the unequal treatment enabled by the Board鈥檚 policy produces a vicious and ineradicable stigma. The result is to deeply and indelibly scar the most vulnerable among us 鈥 children who simply wish to be treated as equals at one of the most fraught developmental moments in their lives 鈥 by labeling them as unfit for equal participation in our society. And for what gain? The Board has persisted in offering hypothetical and pretextual concerns that have failed to manifest, either in this case or in myriad others like it across our nation. I am left to conclude that the policy instead discriminates against transgender students out of a bare dislike or fear of those 鈥榦thers鈥 who are all too often marginalized in our society for the mere fact that they are different. As such, the policy grossly offends the Constitution鈥檚 basic guarantee of equal protection under the law.

鈥淚 see little distinction between the message sent to Black children denied equal treatment in education under the doctrine of 鈥榮eparate but equal鈥 and transgender children relegated to the 鈥榓lternative appropriate private facilit[ies]鈥 provided for by the Board鈥檚 policy. The import is the same: 鈥榯he affirmation that the very being of a people is inferior.鈥 (Martin Luther King, Jr.)鈥

Today鈥檚 ruling follows a recent decision from the Supreme Court that it is illegal to fire someone for being LGBTQ. The 老澳门开奖结果 argued in the case of Aimee Stephens that federal civil rights laws that prohibit sex discrimination protect LGBTQ people. Today the court once again ruled that Title IX, which also prohibits sex discrimination, applies to transgender students.

While the summer has brought legal wins for the LGBTQ community, the fight is not over. In 2020, over 200 anti-LGBTQ laws were active in state legislatures, including dozens targeting transgender youth. The 老澳门开奖结果 and its partners fought many of those and won, and will continue to fight for transgender youth across America.

Learn More 老澳门开奖结果 the Issues on This Page