The bathroom which a transgender student may or may not use is a debate that continues to fester, and with the courts now involved it leaves both sides scrambling to find the perfect argument.
There are those who believe transgender students should use the bathroom that corresponds with the sex listed on their birth certificate, while others argue they should use the bathroom that caters to the gender with which they currently identify themselves.
For Gavin Grimm, there will be no perfect court argument because on Monday the Supreme Court rejected to hear the case on whether transgender students should be restricted from using the bathroom that corresponds with their gender identity.
The court tossed out the lower court ruling Monday that allowed Gavin Grimm, a transgender boy in Virginia, to use the bathroom he chooses and ordered the lower court to reconsider the case in light of new guidance documents issued by the Trump administration last month.
The court asked both parties in the case to submit their views on how the case should proceed since the lower court had deferred to the Obama-era guidance.
Both sides had said the justices should hear the case as planned.
The case centers on Grimm, a transgender male who was born female, who was barred from using the boy’s bathroom in 2014 after the Gloucester County School Board enacted a policy requiring all students to use the bathroom that corresponds with their gender assigned at birth.
The Fourth Circuit Court of Appeals sided with Grimm, who argued that the school board “impermissibly discriminated against him” in violation of Title IX anti-discrimination laws and his constitutional right to equal protection under the law.
The Fourth Circuit said the Obama administration guidance should be given deference because federal anti-discrimination laws are ambiguous when it comes to “sex.”
But on Feb. 22, about a month before oral arguments in the case were scheduled to be heard, the Department of Justice and the Education Department sent a letter to the court rescinding that guidance “in order to further and completely consider the legal issued involved” because the Obama administration had failed to “explain how the position is consistent with the express language of Title IX.”
The American Civil Liberties Union (ACLU), which brought the case forward on Grimm’s behalf, told the court in its response letter on March 1 that the Trump administration’s action has only made it more urgent for the court to resolve the question of whether Title IX can be extended to require schools to treat transgender students consistent with their gender identity when it comes to bathroom facilities.
Read more at The Hill
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