The first hearing in a discrimination suit that a transgender student filed against the Gloucester County School Board last month is scheduled for Monday, July 27 in Norfolk federal court.
In the suit, Gloucester High School student Gavin Grimm, who was born a girl but identifies as a boy, seeks the use of the boys’ restrooms at the school.
Grimm claims the board’s restroom policy, which restricts the use of restrooms and locker rooms to corresponding biological genders, discriminates against him on the basis of gender and sex in violation of the Equal Protection Clause and Title IX.
As part of the suit, Grimm is requesting preliminary and permanent injunctions requiring the school board to allow him to use the boys’ restrooms when classes resume this fall.
The hearing will address the request for injunctions. The school board is also asking the court to consider its motion to dismiss the suit altogether on Monday.
The GHS administration initially cooperated with Grimm in his transitioning to a male last fall as a sophomore. It changed his given name in school records, had staff refer to him with male pronouns, allowed him to utilize a homebound program for physical education requirements, and allowed Grimm to use the boys’ restrooms.
Numerous parents complained when they learned of the restroom allowance and the school board, in response, adopted its restroom and locker room use policy. That policy also provides for alternative facilities for students with identity issues and three single-stall unisex restrooms were constructed at GHS for student use. Following adoption of the policy, Grimm was told he could no longer use the boys’ restrooms.
In its filing in response to the suit, the school board said that school officials have supported Grimm as evidenced by changing his name in school records, referring to him with male pronouns and allowing his homebound PE instruction.
It further states that Grimm has not alleged school officials have harassed or discriminated against him in educational opportunities or that they have engaged in any discriminatory treatment with respect to his transgender identification.
The board states that its use of gender-separate school restrooms and locker rooms was a long-standing practice in place prior to Grimm’s complaint. It also says the school board’s interest in protecting student safety and privacy rights based on their biological sex has been recognized by the federal department of education.
The board additionally said regulations implementing Title IX specifically allow schools to provide separate toilet, locker room and shower facilities on the basis of sex, and that courts have not permitted discrimination claims based on transgender status in and of itself.
The board also cites the finding in the Johnson v. University of Pittsburgh discrimination suit. In that case, the judge found that providing separate restroom and locker room facilities for college students based on their biological sex did not violate the Equal Protection Clause, and that being transgender itself is not a protected characteristic under Title IX.
Grimm’s suit was filed on his behalf by the ACLU of Virginia. The school board is being represented by David Corrigan of Harman, Claytor, Corrigan and Wellman of Glen Allen, who was designated by the Virginia Municipal League to represent the board.