RICHMOND, Va. – The U.S. Circuit Court of Appeals for the Fourth Circuit has ruled in favor of the Gloucester County transgender student who challenged to the school system after he was denied access to the boys’ bathroom.
Tuesday, the court ruled they will not rehear the case of Gavin Grimm, who sued the school board over discriminatory bathroom policies.
“Now that the Fourth Circuit’s decision is final, I hope my school board will finally do the right thing and let me go back to using the boys’ restroom again,” Grimm said. “Transgender kids should not have to sue their own school boards just for the ability to use the same restrooms as everyone else.”
The ruling denied the Gloucester County School Board’s request for an en banc review of an April decision which held that Title IX protects the rights of transgender students to use school restrooms consistent with their gender identity.
In April's decision, a dissenting judge suggested that the U.S. Supreme Court take up the case.
In an en banc review, cases are reconsidered by every active judge, of which there are 15 in the Fourth Circuit. To hear the case a majority of judges must vote to do so.
In Tuesday ruling, none of the judges voted to rehear the case, according to the court order denying the request.
According to the American Civil Liberties Union of Virginia, The April ruling marked the first time a federal appeals court has determined Title IX protects the rights of transgender students to use sex-segregated facilities that are consistent with their gender identity.