With a 5-1 vote Monday, the Gloucester County School Board rescinded its controversial 2014 policy regarding the use of school restrooms.
The policy had led to more than six years of federal litigation with a federal court ultimately finding that the guideline violated Title IX and the equal protection clause of the 14th amendment of the U.S. Constitution.
In 2014, the Gloucester High School administration was informed that a female student now identified as a male and wanted the school staff to use male pronouns when addressing the student and to allow the student to use the boys’ restrooms.
Working with school guidance counselors, the administration agreed to the changes requested. When parents and other community members learned of the arrangement, many complained privately and publicly to the school board. The complaints ultimately led the board to adopt the following resolution by a 6-1 vote:
“Whereas GCPS (Gloucester County Public Schools) recognizes that some students question their gender identities and whereas GCPS encourages such students to seek support, advice and guidance from parents, professionals and other trusted adults, and whereas GCPS seeks to provide a safe learning environment for all students and to protect the privacy of all students, therefore it shall be the practice of GCPS to provide male and female restroom and locker facilities in its schools, and the use of said facilities shall be limited to the corresponding biological genders, and students with gender identity issues shall be provided an alternative appropriate private facility.”
In 2015, the transgender student who made the initial requests for treatment as a male, with the backing of the ACLU, sued the school board in federal district court claiming discrimination and that the policy violated Title IX and the equal protection clause.
The student prevailed in U.S. District Court in September 2015. That finding was appealed to a panel in the Fourth Circuit Court of Appeals, then to the full Fourth Circuit and on to the U.S. Supreme Court. It lingered there in 2016-2017 and was scheduled to be heard until a change in guidance under the new presidential administration saw the case sent back to the U.S. District Court.
After both sides traded motions in 2017 and 2018, the district court reached a decision in 2019 finding that the GCPS practice regarding restroom usage did violate Title IX and the equal protection clause.
The school board again appealed the decision to the Fourth Circuit where a panel affirmed the lower court’s finding in 2020. The board then asked for the case to be heard by the full court, which was denied, and in February of this year the board again filed a petition for a writ of certiorari to the Supreme Court. The Supreme Court denied the petition in June and let the Fourth Circuit finding stand.
After board chairman Robin Rice summarized the path the case had taken, board member Anita Parker said, “I’m sorry that it has come to this. This is not what I expected from the Supreme Court to drop this back to the fourth circuit, but I feel like this board has done due diligence in trying to do what we needed to do. I don’t feel at all that we’ve done anything other than what the community expected.”
Board member Troy Andersen said he echoed Parker’s remarks and added, “It was a valiant, almost seven year battle and I don’t think we could have done anything different. I feel like the Supreme Court has shirked its responsibility.”
Parker, Andersen and board member Randy Burak were on the school board in 2014 and voted for the policy. They were joined in the vote Monday to rescind it by Rice and board member Brenda Mack, who attended the meeting virtually. Board member Darren Post voted against the rescission.
The school board had no other items on its open session agenda and did not accept public comment during the meeting.