Appeals court says Virginia high school's anti-transgender bathroom rule was discrimination, sets precedent that could affect North Carolina's anti-LGBT law

Last September I told you about Gavin Grimm, who was born female but identifies as male.  He/she had sued school officials over a policy requiring him to use either the girls’ restrooms or a single-stall, unisex bathroom open to all students. The special snowflake got his/her way yesterday via a court ruling.

Gavin Grimm

Gavin Grimm

Via Daily Mail: A transgender Virginia teen won the right to use the boy’s toilets at his high school Tuesday in an appeals court decision that will affect four other states – including North Carolina.
Tuesday’s decision came from the 4th U.S. Circuit Court of Appeals, which ruled that Gloucester County School Board was discriminating against Gavin Grimm, 16, by making him use female toilets in line with his biological sex.
That decision establishes legal precedent in all five states of the 4th Circuit, including North Carolina, which on April 1 passed a bill forcing people to use bathrooms based on the sex on their birth certificate.
Grimm, who was born female but identifies as male, was allowed to use the boys’ bathroom at the school for several weeks in 2014, until parents complained. (Grimm, 16, told his parents he was transgender in April 2014. They helped him legally change his name, and a psychologist diagnosed him with gender dysphoria, characterized by stress stemming from conflict between one’s gender identity and assigned sex at birth. Grimm had his breasts removed and began hormone treatment to deepen his voice and give him a more masculine appearance.)
He was then told he could use either the girls’ bathroom or a single private stall – a policy he called stigmatizing. School officials said it respected the privacy of all students.
The U.S. Justice Department filed a ‘statement of interest’ in Grimm’s case in July, saying that not allowing students to use the restroom that corresponds with their gender identity amounts to sex discrimination.
Gavin Grimm

Gavin Grimm

And now Grimm has won in the state of Virginia – creating a precedent that may concern politicians in neighboring North Carolina. On March 25, North Carolina’s House of Representatives voted 82-26 for House Bill 2, which ordered public schools, government agencies and public college to designate bathrooms by biological sex stated on a person’s birth certificate. It also removed protections that stopped businesses discriminating against people based on their sexuality or gender.
Now, however, precedent has been set in all 4th Circuit states: Virginia, North Carolina, South Carolina, West Virginia and Maryland. North Carolina Governor Pat McRory is to meet with house attorneys to see how Tuesday’s decision will affect the bill that he signed, North Carolina News reported.
And back on March 26, Joshua Block, attorney with the American Civil Liberties Union, told The Citizen-Times: ‘What the court rules in Gavin’s case will likely be precedent for district courts in North Carolina that they will have to follow. It does seem odd that even though the governor and legislature presumably know a decision is going to come down from the Fourth Circuit, that they rushed in to enact this sweeping policy without seeing how the court rules.  It seems like they are exposing the state to a lot of legal liability for no reason.’
Read the whole story here.
DCG

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Kevin J Lankford
Kevin J Lankford
4 years ago

I would hardly think precedence is relevant when it is so obviously contradicts truth and indisputable logic. Only the perverted themselves can see justice in forcing the confusion of one on the common sense of the majority.
The answer is not in tolerance, but in addressing and the confusion. All need not suffer for the confusion of one.

Lynn McCrann
Lynn McCrann
4 years ago

So I might ask the question: what if she is raped by a male when using the men’s bathroom? Will the defense be able to argue she was, simply by her presence, inviting the rape? That argument has been used before in a court of law.

Auntie Lulu
Auntie Lulu
4 years ago
Reply to  Lynn McCrann

Lynn . . . Although we know rape is about superiority, not sex . . . who in the World is so hard up that they would want to rape an individual who looks like that? The basic problem is she is an exceedingly homely female, so she thought she might do better as a male . . . and to this end everyone else in her universe must bow to her desires.

squirrelmistresssquirrelmistress

how about if we go to whatever restroom that matches what’s between our legs?

Son of the Rabbit People
Son of the Rabbit People
4 years ago

Now I’m really confused. The gays are now fighting for the right to be beat up in the boys’ room?

Auntie Lulu
Auntie Lulu
4 years ago

Unfortunately, that certainly could happen. Frankly, I would say she would bare a partial blame in the matter, should that occur. Why would straight young men want a biological woman gawking at them (unless they were working in a strip club and being paid for getting nude.)

Jo
Jo
4 years ago

Make it mandatory that she use the urinal. That should make for some interesting folly.

Auntie Lulu
Auntie Lulu
4 years ago
Reply to  Jo

This is the best idea of all. Get out the tidy wipes.

Ric
Ric
4 years ago

Masculine appearance? He/she/it looks like a nancy boy. Oh,well. If nature doesn’t do it for you, the courts will!

Dan
Dan
4 years ago

Permanently mutilated at sixteen, and ritualistically so by that psychologist drugging her and the surgeons who removed her breasts. Incredibly, the appeals court not only used sneer quotes to enclose the term “biological sex” in its decision, but it referred to that most obvious human category as “so-called,” meaning that sex is improperly or falsely described biologically.

Glenn47
Glenn47
4 years ago

From the looks of her, this was probably going to be the closest to seeing a man’s penis as she would ever get.
What about the rights of all the other students? Don’t they count?
I say give her a slop bucket in the janitor’s closet. I am sick and tired of all this crapola.
If we stopped bending over for all these little trends, it would end. This is about being in power.
Maybe Dr. Eowyn should send her the excellent article written by several Drs. Explaining how these people are confused.

CalGirl
4 years ago

Just yesterday, in my classroom, I was approached by 2 little 6th -grade girls (THESE KIDS ARE 11-YRS OLD!) asking to use the restroom. When they came back, they asked if they could return to the rest room later (I was annoyed, b/c this was interrupting a direct instruction to the whole class…TWICE)…..I was a little puzzled why they had to ask to use the rest room TWICE….until, they whispered to me that there was a boy in the girl’s rest room and they felt unable to “use it” at that time. By the time we got around to writing… Read more »

Auntie Lulu
Auntie Lulu
4 years ago
Reply to  CalGirl

What a travesty that little girls have to “hold their bladder” due to fear/anxiety of being forced to go into a bathroom where a male is present. This is injurious to their health. Parents need to unite and see to it that if opposite sex cannot be kept out of girls or boys restrooms . . . then they need to provide a single stall restroom for those who cannot take care of their bodily functions in the presence of the opposite sex. Here we have little girls who know this is “wrong” . . . pray tell what in… Read more »

CalGirl
4 years ago
Reply to  Auntie Lulu

The volunteer “mother brigade” that you suggest sounds ultra common sense to me—but I can tell you from the ed code (state law) lecture that we teachers already had in our staff meetings……it would NEVER be allowed. It would be “stigmatizing” to the little boys who wish to use the girl’s room. YOU CAN’T “WIN” on this thing now that the White House has flown the rainbow.

Joe
Joe
4 years ago

I was going to vote for Donald Trump. Now he’s saying that anyone can go into whatever restroom they want. No more vote for Donald Trump! He’s as full of crap as a holiday goose!

tukulusriantei
4 years ago

What if a trans-woman (man who thinks he’s woman) attracted to woman, would that make him a lesbian? And what if that trans-woman want to get in woman’s bathroom to get sexual gratification? That one simple example shows how stupid this whole bathroom thing is.