Supreme Court won't hear dispute over bathrooms for transgender students



On Monday, the Supreme Court declined, without comment, to hear the case of Gavin Grimm. When the Supreme Court decides not to hear a case, the decision of the Court of Appeals remains in effect as a binding decision for that Circuit. In this case, that means that the states in the Fourth Circuit (Maryland, Virginia, West Virginia, and North and South Carolina) are directly impacted by the ruling. Grimm’s case centered around the issue of whether the nation's schools must allow students to use the bathroom that match their gender identities. Grimm is a transgender boy in his freshman year in high school. The record reflects that he has legally changing his name and started hormone therapy. In Oregon, the law is clear that you do not need to have changed your legal identification documents or undergone any hormone or surgical care in order to use the bathroom that is consistent with your identity.


Lawyers from the American Civil Liberties Union (ACLU), representing Grimm, told the court that treating him differently by requiring him to use separate single-stall bathrooms singled him out "and stigmatized him as unfit to use the same restroom as his peers."


The ACLU said there was no need for the Supreme Court to take up the appeal, because the lower courts that have considered the issue have all reached the same conclusion — that treating transgender students differently violates a federal law, known as Title IX, that bans sex discrimination in school programs. Monday's order denying review in the case means Grimm's victory in the appeals court remain intact. “This is an incredible victory for Gavin and for transgender students around the country,” said Josh Block, a senior staff attorney with the ACLU.


Many trans and gender non-conforming students feel more comfortable in single-stall bathrooms and Corvallis 509J School District Policy is that new construction and remodels must consider installing these at every facility, but all students should be given the option of using gendered bathrooms, locker rooms, and other gendered spaces that are consistent with their gender identity. Anyone uncomfortable or who needs or wants additional privacy should have the option of single staff facilities. If you are interested in learning more about the Corvallis 509J TGNC Student Policy, you can find it here: https://policy.osba.org/corvall/J/JBC%20D1.PDF


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