The U.S. Fourth Circuit Court of Appeals on Tuesday denied the Gloucester County School Board’s request for a full court review of an April decision which held that Title IX protects the rights of transgender students to use the school restrooms consistent with their gender identity, according to the ACLU.

In April, a three-judge appeals court panel ruled two to one in favor of Gloucester High School junior Gavin Grimm, who was born female but identifies as a male.

Grimm, represented by the ACLU, had challenged a Gloucester School Board policy that restricts restroom use to biological gender while providing alternative facilities for transgender students.

In response to the April panel ruling, the school board requested an en banc review by all 15 judges in the Fourth Circuit. For an en banc review, a majority of the judges must vote to hear the case. None of the judges requested a vote, according to the court order denying the request.

The ACLU said the April ruling marked t...