‘Under the policy, all students except for transgender students may use restrooms corresponding with their gender identity…’
(Claire Russel, Liberty Headlines) A federal judge ruled against a Virginia school board’s decision to ban transgender students from using the bathroom of their choice, arguing that it’s discriminatory to limit students on the basis of their “gender nonconformity.”
U.S. District Judge Arenda Wright Allen ruled that the Gloucester County School Board’s policy requiring Gavin Grimm, a transgender male, to use the restrooms that correspond with his physical gender, violated Grimm’s rights.
“There is no question that the Board’s policy discriminates against transgender students on the basis of their gender noncomformity,” Allen wrote in her opinion, according to NBC News.
“Under the policy, all students except for transgender students may use restrooms corresponding with their gender identity,” she continued. “Transgender students are singled out, subjected to discriminatory treatment, and excluded from spaces where similarly situated students are permitted to go.”
Allen said that the school board violated Grimm’s right to equal protection under Title IX, a federal policy that protects students against gender-based discrimination.
However, Allen acknowledged that the school board did what it could to protect the well-being of all students involved.
“There can be no doubt that all involved in this case have the best interests of the students at heart,” Allen said.
Grimm said the judge’s ruling was “beautiful” and vowed to continue to fight the case if the school board appeals.
“My case has given me something of a platform that I intend to use, as long as I have it available to me, for trans education and advocacy,” Grimm said.
Alliance Defending Freedom, a Christian nonprofit litigation group that joined the school board’s defense, said the fight is far from over. Gender isn’t a “societal construct,” the group said, and a single judge can’t change that.
“These students hold—as all humans do—a right to bodily privacy,” the group said. “That right is more specifically defined in these cases as the right to use sex-specific privacy facilities free from government-mandated use by a member of the opposite sex.”