A few minutes ago, we filed our opening brief in our appeal of Gavin鈥檚 case to the U.S. Court of Appeals for the Fourth Circuit. I wrote about Gavin鈥檚 case last July, when we argued on behalf of Gavin in federal court in Norfolk, Virginia. I was proud to stand with Gavin then, and I鈥檓 even prouder to stand with him today.
Gavin is a 16-year-old boy at Gloucester High School in Virginia. He is transgender and is undergoing hormone therapy; he has legally changed his name; and his state identification card identifies him as male. In all aspects of his life, he uses the boys鈥 restrooms, just like any other boy would. But at school, Gavin is singled out for different treatment. Even though Gavin had been using the boys鈥 restrooms for almost two months without any problems, the Gloucester County School Board decided to debate Gavin鈥檚 rights to use the restroom. The board ultimately passed a new policy that prohibits Gavin, and any other student with 鈥済ender identity issues,鈥 from using the same restrooms as the rest of his peers. This policy forces transgender students to go to separate, single-stall restrooms that no other student is required to use.
Last June 鈥 the day after classes ended 鈥 Gavin filed a lawsuit challenging the school board鈥檚 stigmatizing policy under Title IX, a statute prohibiting schools from discriminating on the basis of sex, and the Constitution. Gavin asked for an injunction allowing him to use the boys鈥 restroom while the case is pending. We had hoped to get that injunction before classes began this September so Gavin could begin his junior year with a fresh start. The Department of Justice and Department of Education filed a brief supporting Gavin. But a few days before classes began, the district court in Norfolk denied Gavin鈥檚 request for an injunction.
Gavin is now asking the Fourth Circuit to reverse the lower court鈥檚 ruling, which conflicts with modern precedent recognizing that transgender people, like everyone else, are protected from discrimination based on their sex. In order to equally participate in school, work, and society, transgender people 鈥 like everyone else 鈥 have to use the restrooms. The Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, the Department of Labor, and the Department of Education have all recognized that transgender people should be able to use the restrooms that correspond to their gender identity and cannot be segregated into separate restrooms away from everyone else.
From and a room full of hostile adults, Gavin鈥檚 message has been simple: 鈥淎ll I want to do is be a normal child and use the restroom in peace.鈥 Hopefully by the time Gavin begins his senior year, he will finally be able to do that.
P.S. Want to know what Gavin and other transgender youth are up against? John Oliver sums it up well here:
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