A lower court’s decision that allows transgender students to use bathrooms in accordance with their gender identity remains in effect after the Supreme Court declined Monday to hear an appeal in the case.
The Court declined to hear the case of Gavin Grimm, who sued the Gloucester County school board in 2015 over its decision to ban Grimm, who identifies as a trans man, from using the boys’ bathroom. Both parties have been in court over the matter since 2015.
Originally, the 4th Circuit Court of Appeals ruled in favor of Grimm, citing an Obama-era rule that transgender students were to be treated in accordance with their gender identity under Title IX protections. However, the Trump administration then reversed the rule, leading the Supreme Court to rescind the appeals courts’ decision, sending the case back into the district court system.
The 4th Circuit ruled again in favor of Grimm, this time citing the Supreme Court’s 2020 ruling that federal laws do protect LGBTQ+ individuals from discrimination. That decision led to the recent appeal.
Josh Block, a senior staff attorney for the American Civil Liberties Union (ACLU), which represented Grimm, called the decision “an incredible victory for Gavin and for transgender students around the country.”
Grimm announced his victory on Twitter, telling followers, “it’s over. We won.”
I was barred from the bathroom at my highschool 7 years ago, when I was 15. 6 years ago, at 16, myself with the @ACLU/@ACLUVA filed suit in response to that discrimination. Twice since I have enjoyed victories in court, and now it’s over. We won.
— Gavin Grimm 🏳️⚧️ (@GavinGrimmVA) June 28, 2021
Only two of the Court’s justices, Clarence Thomas and Samuel Alito, argued that the Court should have taken the case in its next session.