Power

Roberts Court Sends Gavin Grimm Case Back to Appeals Court

The U.S. Supreme Court order directs the appeals court to take another look at the case of the transgender teenager who successfully sued his school district for access to restrooms aligning with his gender identity.

Gavin Grimm at the #ProtectTransKids rally in Washington, D.C. Lauryn Gutierrez / Rewire

The U.S. Supreme Court on Monday reversed an appellate court decision that blocked a Virginia county school board’s policy mandating students use bathrooms aligning with their biological sex rather than gender identity, ordering the court to take another look at the case.

The case will now be sent back to the U.S. Court of Appeals for the Fourth Circuit to consider the effect of the Trump administration withdrawing an Obama-era guidance to schools that receive federal funding under Title IX of the Education Amendments of 1972, which bans discrimination on the basis of sex and includes discrimination on the basis of gender identity and norms. The guidance directed schools to allow transgender students access to restrooms that align with their gender identity in order to not risk losing federal funding.

The Trump administration late last month withdrew that guidance in a vague letter that said all students were protected under Title IX, but gave no detail on how schools should respect the rights of transgender students. The Supreme Court asked the attorneys representing Gavin Grimm, the transgender student in question, and the school board for thoughts on if the case should proceed, or if the appellate court should take another look at the case.

The Court on Monday decided the appellate court needed to consider the affect of the Trump administration’s Title IX stance on its earlier ruling.

Following that withdrawal, at least one federal court has ruled that both Title IX and the Equal Protection Clause of the U.S. Constitution guarantees students like Grimm access to facilities that align with their gender identity.