Virginia school board to file petition with Supreme Court over transgender bathroom case

FILE This Tuesday Aug. 25, 2015 file photo shows Gavin Grimm during an interview in Gloucester, Va. A U.S. appeals court has overturned a policy barring a transgender student from using the boys' restrooms at his Virginia high school. A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled Tuesday, April 19, 2016 that the Gloucester County School Board policy is discriminatory. A federal judge had earlier rejected Grimm's sex discrimination claim. (AP Photo/Steve Helber)

GLOUCESTER COUNTY, Va. (WAVY) — The Gloucester County School Board is filing a petition with the U.S. Supreme Court, asking for a review of a federal appeals court’s decision on bathroom access for a transgender student.

Gloucester High School junior Gavin Grimm was born female but identifies as a male. Grimm wants to use the boys’ restroom, but the school system barred him from doing so.

In April, a three-judge panel ruled 2-1 to overturn the school board’s bathroom policy. The panel ruled that Title IX protects the rights of transgender students to use school restrooms consistent with their gender identity.

On May 3, the school system issued an appeal, asking the entire 15-judge court of appeals panel to reconsider the smaller panel’s decision. The request for a review was denied on May 31.

The appeals court agreed Tuesday to wait on issuing its final ruling until the Supreme Court decides whether or not to take the case.

The school board released a statement Tuesday, which reads:

The Gloucester County School Board’s solution of providing three single stall unisex restrooms that anyone could use was a practical, nondiscriminatory answer that met everyone’s interests and properly balanced the needs of transgender students with other students’ right to bodily privacy. As such, the School Board intends to file a petition with the Supreme Court for a writ of certiorari.”

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