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Jesse · 03-11-2017, 05:31 PM

Supreme Court sends Grimm transgender case back to lower court in light of new federal guidance

The U.S. Supreme Court is sending the case of 17-year-old Gavin Grimm back to the Fourth Circuit Court of Appeals after President Donald Trump overturned a federal policy on transgender students' access to school restrooms.

The high court announced its decision to vacate the case and remand it back to the lower court on Monday along with several other orders from its Friday conference last week, according to the SCOTUS blog, a law blog written by attorneys who follow the Supreme Court closely.

The U.S. Supreme Court was scheduled to hear oral arguments in the case on March 28.

“Nothing about today’s action changes the meaning of the law. Title IX and the Constitution protect Gavin and other transgender students from discrimination,” said attorney Joshuan Block with the American Civil Liberties Union, which represents Grimm in the case against the Gloucester County School Board.

“While we’re disappointed that the Supreme Court will not be hearing Gavin’s case this term, the overwhelming level of support shown for Gavin and trans students by people across the country throughout this process shows that the American people have already moved in the right direction and that the rights of trans people cannot be ignored,” Block said in a news release from the ACLU. “This is a detour, not the end of the road, and we’ll continue to fight for Gavin and other transgender people to ensure that they are treated with the dignity and respect they deserve.”

On Feb. 22 the Trump Administration withdrew previous federal guidance that said school divisions must allow transgender students to use the bathroom matching their gender identity.

The court requested letters from both sides of the case in light of the Trump administration’s new guidance, which now leaves it up to states and local school divisions to establish policies regarding transgender restroom use.

The ACLU and the Gloucester County School Board asked the court to let the case proceed. The School Board also asked that the case be postponed to allow the federal government to file a brief.

The 4th Circuit Court of Appeals in Richmond relied on the previous guidance from the Obama administration when it voted 2-1 in 2016 in Grimm’s favor to send the case back to federal Judge Robert Doumar with the U.S. Eastern District Court, telling him to reconsider the case.

In fall 2015, Doumar dismissed the claim in the suit that the school division’s restroom-use policy passed in December 2014 that requires students to use the restroom associated with their physical sex or single-stall private unisex restrooms violated Title IX. Doumar did not rule on the 14th Amendment claim in the lawsuit.

In a statement on Monday the Gloucester County School Board said, “the Board looks forward to explaining why its commonsense restroom and locker room policy is legal under the Constitution and federal law.”

Gloucester schools filed a petition last August asking the Supreme Court to determine if it is violating federal law by refusing to allow Grimm access to the boys’ restrooms. In addition to the question about the Title IX interpretation, the petition also questioned the previous guidance issued under the Obama administration.

Grimm, a senior at Gloucester High School, was born female but identifies as male. The lawsuit, filed on his behalf by the ACLU, would have been the first transgender restroom rights case to reach the U.S. Supreme Court.

http://www.dailypress.com/news/glouc...306-story.html

03-11-2017, 05:31 PM	#609
Jesse Infamous Member How Do You Identify?: Transguy Preferred Pronoun?: He Relationship Status: single Join Date: Jun 2010 Location: Central West Coast of Florida Posts: 5,204 My Photo Gallery Thanks: 34,866 Thanked 17,793 Times in 3,939 Posts Rep Power: 21474855	Supreme Court sends Grimm transgender case back to lower court in light of new federal guidance The U.S. Supreme Court is sending the case of 17-year-old Gavin Grimm back to the Fourth Circuit Court of Appeals after President Donald Trump overturned a federal policy on transgender students' access to school restrooms. The high court announced its decision to vacate the case and remand it back to the lower court on Monday along with several other orders from its Friday conference last week, according to the SCOTUS blog, a law blog written by attorneys who follow the Supreme Court closely. The U.S. Supreme Court was scheduled to hear oral arguments in the case on March 28. “Nothing about today’s action changes the meaning of the law. Title IX and the Constitution protect Gavin and other transgender students from discrimination,” said attorney Joshuan Block with the American Civil Liberties Union, which represents Grimm in the case against the Gloucester County School Board. “While we’re disappointed that the Supreme Court will not be hearing Gavin’s case this term, the overwhelming level of support shown for Gavin and trans students by people across the country throughout this process shows that the American people have already moved in the right direction and that the rights of trans people cannot be ignored,” Block said in a news release from the ACLU. “This is a detour, not the end of the road, and we’ll continue to fight for Gavin and other transgender people to ensure that they are treated with the dignity and respect they deserve.” On Feb. 22 the Trump Administration withdrew previous federal guidance that said school divisions must allow transgender students to use the bathroom matching their gender identity. The court requested letters from both sides of the case in light of the Trump administration’s new guidance, which now leaves it up to states and local school divisions to establish policies regarding transgender restroom use. The ACLU and the Gloucester County School Board asked the court to let the case proceed. The School Board also asked that the case be postponed to allow the federal government to file a brief. The 4th Circuit Court of Appeals in Richmond relied on the previous guidance from the Obama administration when it voted 2-1 in 2016 in Grimm’s favor to send the case back to federal Judge Robert Doumar with the U.S. Eastern District Court, telling him to reconsider the case. In fall 2015, Doumar dismissed the claim in the suit that the school division’s restroom-use policy passed in December 2014 that requires students to use the restroom associated with their physical sex or single-stall private unisex restrooms violated Title IX. Doumar did not rule on the 14th Amendment claim in the lawsuit. In a statement on Monday the Gloucester County School Board said, “the Board looks forward to explaining why its commonsense restroom and locker room policy is legal under the Constitution and federal law.” Gloucester schools filed a petition last August asking the Supreme Court to determine if it is violating federal law by refusing to allow Grimm access to the boys’ restrooms. In addition to the question about the Title IX interpretation, the petition also questioned the previous guidance issued under the Obama administration. Grimm, a senior at Gloucester High School, was born female but identifies as male. The lawsuit, filed on his behalf by the ACLU, would have been the first transgender restroom rights case to reach the U.S. Supreme Court. http://www.dailypress.com/news/glouc...306-story.html __________________ “You’re so hard on yourself. Take a moment. Sit back. Marvel at your life: at the grief that softened you, at the heartache that widened you, at the suffering that strengthened you. Despite everything, you still grow. Be proud of this.”