Obama’s decree that students should use the bathroom and locker room that aligns with their gender identity is not acceptable to one Virginia school, who it taking the matter all the way to the Supreme Court.
The Gloucester County School Board filed an emergency appeal with Chief Justice John Roberts on Wednesday, in order to block a transgender student from using the boys’ bathroom when school starts in September, until the court has a chance to review the case.
In the appeal, the school says Obama’s decree puts parents’ constitutional rights in jeopardy, as it denies parents the right to decide if their children should be exposed to members of the opposite biological sex in intimate situations, and some parents will likely pull their children out of school if this is allowed to stand.
At issue in the Virginia school is a female student who identifies as a male, Gavin Grimm, 17. Grimm was allowed to use the boys’ bathroom for several weeks in 2014, but after parents complained, the school required students to either use the bathroom according to their biological sex or use a private single-stall restroom. Wall Street Journal reports that Grimm has identified as a boy since age 12 and has undergone hormone therapy but not sex-reassignment surgery.
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Grimm sued the school, and the matter has been bouncing around in court, with the latest ruling by the 4th Circuit Court of Appeals saying Obama’s decree must be adhered to. Thus, the school board has filed the emergency appeal, and plans to file a petition for the Supreme Court in August.
An ACLU attorney representing Grimm, Claire Guthrie Gastanaga, said, “It is sad that the school board members and their lawyers have so little regard for the impact their misguided actions are having on a real teenager’s life. We will continue to stand with Gavin and other young people suffering such cruelties and indignities.”
Meanwhile, the school board is fighting for the impact Obama’s decree will have on all the other students’ lives.
“For decades, our nation’s schools have structured their facilities and programs around the sensible idea that in certain intimate settings men and women may be separated ‘to afford members of each sex privacy from the other sex,’” the Gloucester County School Board said in its petition.
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