A panel of three judges on the U.S. Court of Appeals for the Fourth Circuit voted 2-1 last week in support of a federal district court’s 2019 finding that the Gloucester School Board discriminated against former Gloucester High School student Gavin Grimm.

Last week, the school board said it was reviewing the finding and had no comment on the case.

Grimm, a transgender male, was designated a female at birth but has a male gender identity. At Grimm’s request, in 2014 officials at GHS allowed him to use the boys’ restrooms but the school board got involved after parents complained.

In response, the board passed a policy in December 2014 that restricted access to boys’ and girls’ restrooms to students of corresponding biological genders and provided unisex restrooms for students with gender identity issues.

In June 2015, the ACLU and the ACLU of Virginia sued the board on Grimm’s behalf, claiming its policy violated Grimm’s rights under the 14th Amendment to the U.S. Constitut...