The Gloucester County School Board announced last week that it will seek an en banc review in the U.S. Court of Appeals for the Fourth Circuit of last month’s finding made by a three-judge panel.
The three Appeals Court judges voted 2-1 in support of a federal district court’s 2019 finding that the board discriminated against former Gloucester High School student Gavin Grimm. Grimm was designated a female at birth but has a male gender identity.
At Grimm’s request in 2014, the GHS administration allowed him the use the boys’ restroom but the school board got involved after parents complained.
In response, the board passed a policy in December 2014 that restricted access to the boys’ and girls’ restrooms to students of corresponding biological genders and said unisex restrooms would be provided 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...
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