The Supreme Court handed another victory to LGBTQ (or however many letters they have) advocates this week because they refused to hear a case that questioned whether the rights of a transgender student were being violated if they couldn’t use locker rooms and bathrooms of their own choosing.
On Monday, the top court had declined the Virginia school board’s request to hear the case that concerned whether one of their students, Gavin Grimm, was entitled to use a bathroom that aligned with his gender identity rather than the biological sex that this student was born with.
In an order, the court simply said the following: “The petition for a writ of certiorari is denied.” However, they also noted that Justice Clarence Thomas and Samuel Alito had been planning on taking up the case. Either way, they did not give any further explanation.
When the U.S. Supreme Court decided to decline this case, they were letting a lower court ruling stand that had prohibited Grimm’s school board from forcing him to use bathrooms for his original gender or separate unisex or family bathrooms. This decision falls in line with some of the previous rulings on this matter, according to Forbes, and this probably signals establishment of an official stance from the court.
In 2015, Gavin Grimm, who had been born a girl, sued the Gloucester County School Board over their bathroom policy after he had come out as a trangender male.
His complaint argued that the school’s policy that forced transgender students to use separate bathrooms would leave Grimm feeling “isolated and stigmatized” and violated the Equal Protection Clause of the U.S. Constitution as well as Title IX, which bans discrimination based on a person’s gender.
It wasn’t long before the American Civil Liberties Union took up the case, and they lamented that the school board had “continued to exclude Gavin even though he had began receiving hormone therapy, altering his bone structure and deepening his voice and causing him to have the ability to grow a beard), obtained a Virginia state I.D. card that listed his gender as male, did chest reconstruction surgery and obtained a court order that legally changed his gender to male and received a new Virginia birth certificate as well.
The Supreme Court initially agreed to hear the case in 2016 after the Fourth Circuit Court of Appeals had ruled in favor of Grimm. However, the Trump Administration overturned a ruling from President Obama that directed schools not to discriminate based on gender identity, and the court changed its mind and ultimately they sent the case back to a lower court.
Last year, the Fourth Circuit yet again sided with Grimm in this dispute. This caused the school board to petition for the Supreme Court to finally consider the case, yet the top court still balked.
In response to the news, ACLU senior staff attorney Josh Block said, “This is the third time in recent years that the Supreme Court has allowed appeals court decisions in support of transgender students to stand. This is an incredible victory for Gavin and for transgender students around the country. Our work is not yet done, and the ACLU is continuing to fight against anti-trans laws targeting trans youth in states around the country.”
Grimm, who is now 22, added, “I am glad that my years-long fight to have this school see me for who I really am is now over. I was being forced to use the nurse’s room, a private bathroom, or the girl’s room was something that was very humiliating to me, and having to go to these out-of-the-way bathrooms was something that severely interfered with my education. Trans youth should be able to use the bathroom in peace without them being humiliated and stigmatized by school boards and elected politicians.”
Point taken, and it does appear that Mr. Grimm is a decent individual. However, what’s to stop a child predator from simply claiming they are transgender so that they can prey on your daughter? It could very easily happen. Think about that.