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School board seeks full Fourth Circuit to hear lawsuit appeal

The Gloucester County School Board will ask the full Fourth Circuit Court of Appeals to hear an appeal that was decided by a three-judge panel last week.

The school board decision was announced by chairman Troy Andersen during the April 21 board meeting at the T.C. Walker Education Center.

The three-judge panel issued an opinion April 19 in favor of appellant Gavin Grimm, a transgender Gloucester High School student. Grimm claims the board’s policy restricting school restroom use to biological genders with alternatives provided for transgender students is discriminatory.

Grimm, represented by the ACLU, appealed a federal district court ruling that said the policy did not violate Title IX and denied a temporary injunction that would allow Grimm to use the boys’ restrooms while his lawsuit is pending. Grimm was born female but identifies as a male. He also sought to have the case re-assigned to another district court judge.

Two judges on the appeal panel agreed to reverse...

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