4th Circuit Denies Request to Expedite Gavin Grimm Case

by Michael K. Lavers, Washington Blade

A federal appeals court on Friday denied a motion to expedite the case of a transgender student who is challenging his Virginia school district's bathroom policy.

Gavin Grimm in 2015 filed a lawsuit against the Gloucester County School District's policy prohibiting students from using bathrooms and locker rooms that don't correspond with their "biological gender."

The U.S. Supreme Court was scheduled to hear oral arguments in Grimm's case on March 28. The justices remanded it to the 4th U.S. Circuit Court of Appeals in Richmond after President Trump rescinded guidance to public schools that said Title IX requires them to allow trans students to use restrooms based on their gender identity.

"Treating trans students with dignity and respect should not be controversial," said Grimm on Thursday as he spoke during a congressional forum that House Democrats hosted on Capitol Hill. "The decision to withdraw the guidance sent a terrible message to some of the most vulnerable people that President Trump - the leader of our country - and his administration do not care about protecting you from discrimination."

The American Civil Liberties Union, who represents Grimm, asked the 4th Circuit to consider the case next month before their client graduates from Gloucester County High School.

The next window in which the 4th Circuit could consider Grimm's case is in September.

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