dglobalnews.com Supreme Court Drops Gavin Grimm Case On Transgender Rights
Published: Tue, March 07, 2017
National | By Glenda Ortiz

Supreme Court Drops Gavin Grimm Case On Transgender Rights

Supreme Court Drops Gavin Grimm Case On Transgender Rights

The fight for transgender rights in the US took a "detour" Monday, when the Supreme Court made a decision to cancel what would have been a landmark hearing set for later in the month.

Following Trump's order, the Supreme Court remanded the case to the U.S. Court of Appeals for the Fourth Circuit for "further consideration".

Grimm and his mother notified administrators of his male gender identity at the beginning of his sophomore year in high school and received permission from school administrators to use the boys' restroom for nearly two months without any incident, the ACLU says, which is representing Grimm in court.

In a one-sentence statement, the United States Supreme Court announced that it would not hear a major case involving transgender access to the restrooms corresponding to gender identity as opposed to biological sex.

In canceling planned arguments in a bathroom access lawsuit brought by a Virginia transgender high school student, the justices declined to resolve whether transgender students are protected by a law, Title IX of the Education Amendments of 1972, that bars discrimination on the basis of sex in education.

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Through the Supreme Court isn't about to set a nationwide precedent for transgender rights, Warbelow pointed out that the lower court's decision will set a precedent for public schools within the 4th Circuit, which includes the Virginia, West Virginia, the Carolinas and Maryland. There was concern after Trump's rescinding of federal protections for transgender students that the highest court in the land would avoid ruling on it, and lawyers for both Grimm and the Gloucester County School Board not to delay ruling on it.

"School officials should be free to protect their students' privacy, safety, and dignity without federal government interference", she said.

The Supreme Court is petitioned to hear more than 7,000 cases in an average year, but usually considers about 80. However, to clarify Title IX's protections for gender identity, the appeals court called on the federal government to define whether Title IX protects against discrimination for gender identity, not just sex at birth, in the US educational system.

While on the surface it appears that Grimm's case is just about the right to use the bathroom, many people have pointed out that it's much more than that. SCOTUS believes that the lower courts now need to reassess whether or not Gavin's claims against his school fall under the Title IX clause. Grimm is expected to address the Supreme Court's decision at noon today in a Facebook Live chat with the Human Rights Campaign. The Supreme Court, however, put the appeals court decision on hold before the school year began. "But Title IX means the same thing today as it meant yesterday". They suggested that Obama's interpretation of Title IX was not the correct one but said schools should ensure that transgender students are able to learn in a safe environment.

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