Transgender Student Barred from Bathroom During Case Consideration

The student must wait to use his preferred bathroom until the Supreme Court makes a decision.

The transgender high school student in Virginia who won the right to use his gender identity’s bathroom will not be allowed in the bathroom while the U.S. Supreme Court considers taking the case.

Gavin Grimm, who won the U.S. Circuit Court of Appeals decision in April, must continue using the private bathroom provided by his Virginia high school while the Supreme Court makes its decision.

The Supreme Court needs at least half of the eight judges to agree to what’s referred to as the Petition for Certiorari in order to hear the case, reports

RELATED: 11 States Sue Government over Transgender Bathroom Directive

Grimm was born a biological female but identifies as a male. He sued his Virginia school district for implementing a policy requiring students to use the bathroom that matches their biological gender when he was refused entry into the boy’s restroom at Gloucester High School.

After a district judge dismissed Grimm’s lawsuit last year, the Court of Appeals’ decision reversed that ruling, acknowledging for the first time that Title IX protects students from discrimination based on their gender identity.

The American Civil Liberties Union, which has helped Grimm in court, released a statement on the issue saying it is hopeful Grimm will ultimately prevail.

“We are disappointed that the Court has issued a stay and that Gavin will have to begin another school year isolated from his peers and stigmatized by the Gloucester County school board just because he’s a boy who is transgender,” ACLU’s statement read.

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