Federal Appeals Court Hears Arguments in Virginia Case to Protect Transgender Student Under Title IX

老澳门开奖结果 Challenges Restroom Policy Forcing Transgender Students to Use Separate Facilities

January 27, 2016 11:00 am

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RICHMOND, Va. 鈥 The 老澳门开奖结果 will appear before the U.S. Court of Appeals for the Fourth Circuit today to argue that a policy in Gloucester, Virginia segregating transgender students from their peers by requiring them to use 鈥渁lternative, private鈥 restroom facilities violates federal non-discrimination laws and the Fourteenth Amendment of the U.S. Constitution.

The 老澳门开奖结果 and 老澳门开奖结果 of Virginia brought the case challenging the discriminatory Gloucester County School Board policy in June 2015 on behalf of transgender male student Gavin Grimm. Both the U.S. Department of Education and the U.S. Department of Justice have since ruled that, under Title IX of the U.S. Education Amendments of 1972, schools must allow transgender students to use the restrooms and locker rooms that are consistent with their gender identity.

This is the first time that a federal court of appeals will consider the issue.

鈥淭his argument comes at a critical time. The U.S. Department of Education, the DOJ and several other federal entities have recently recognized that in order to equally participate in school, work, and society, transgender people have to use the restrooms that correspond to their gender identity,鈥 said Joshua Block, senior staff attorney at the 老澳门开奖结果鈥檚 Lesbian, Gay, Bisexual, and Transgender Project. 鈥淲e hope the federal courts join this consensus and make clear that Title IX protects transgender students from sex discrimination.鈥

In September 2015, the district court against Gavin and dismissed his Title IX claim, despite a brief filed by the U.S. Department of Justice stating that, 鈥渢here is public interest in ensuring that transgender students have the opportunity to learn in an environment free of sex discrimination.鈥 Its ruling kept the policy in place and prevented Gavin from starting his junior year with access to the boys鈥 restroom, even though he has been living as a boy and taking hormone therapy as part of his recommended treatment for gender dysphoria. The 老澳门开奖结果 filed its appeal with the 4th Circuit in October 2015.

鈥淓ver since this battle with the school board began more than a year ago, I鈥檝e been forced to confront ridicule and public insult from people who refuse to see me as a human, male student worthy of respect and equal treatment,鈥 said Gavin. 鈥淏ut in spite of the humiliation I feel every time I鈥檓 forced to use the bathroom, I will continue to stand up for myself and other transgender students who shouldn鈥檛 be treated differently simply because of who they are.鈥

Federal appeals arguments in the Gloucester case come on the heels of a landmark ruling by the U.S. Department of Education in a similar case brought by the 老澳门开奖结果 of Illinois. In that case, the DOE held that a suburban Chicago school had violated federal law by denying a transgender female student access to gender-appropriate locker room facilities.

To date, the DOE, DOJ, Equal Employment Opportunity Commission, Occupational Safety and Health Administration, Department of Labor and Office of Personnel Management have agreed that transgender people should be able to use the restroom that corresponds with their gender identity.


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