Transgender student wins as Supreme Court rebuffs bathroom appeal

The U.S. Supreme Court on Monday declined to take up a major transgender rights case, leaving in place a lower court’s ruling that a Virginia public school board acted unlawfully in preventing a transgender student from using a bathroom at his high school that corresponded with his gender identity.

The justices opted not to hear the Gloucester County School Board’s appeal of a 2020 ruling by the Richmond-based 4th U.S. Circuit Court of Appeals that transgender student Gavin Grimm is protected under the federal law that bars sex discrimination in education, known as Title IX, and the U.S. Constitution’s requirement that people be treated equally under the law. The 4th Circuit ruling does not set a national legal precedent.

The Supreme Court’s decision to reject the appeal represents a victory for Grimm, who sued the school board in 2015 after officials at a local public high school refused to allow him to use the boys’ restrooms. The Supreme Court previously took up the case in 2016 but did not issue a ruling and sent it back to lower courts.

“We won,” Grimm wrote on Twitter. “I have nothing more to say but thank you, thank you, thank you. Honored to have been part of this victory.”

The brief court order noted that conservative Justices Clarence Thomas and Samuel Alito would have taken up the case.

FILE - In this April 23, 2021, file photo members of the Supreme Court pose for a group photo at the Supreme Court in Washington. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. Before the Supreme Court this is week is an argument over whether public schools can discipline students over something they say off-campus. (Erin Schaff/The New York Times via AP, Pool, File)

FILE – In this April 23, 2021, file photo members of the Supreme Court pose for a group photo at the Supreme Court in Washington. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. Before the Supreme Court this is week is an argument over whether public schools can discipline students over something they say off-campus. (Erin Schaff/The New York Times via AP, Pool, File)

President Joe Biden’s administration, reversing the position taken by the government under his predecessor Donald Trump, said on June 16 that Title IX protects both gender identity and sexual orientation. The administration has not said specifically how that applies to school bathroom access.

Grimm, assigned female gender at birth, identifies as male. Grimm, now 22, graduated from the school in 2017.

Grimm began attending Gloucester High School in September 2014. With the school’s permission, Grimm used the boys’ bathroom for about seven weeks without incident.

But after complaints from parents, the county school board adopted a new policy in December 2014 that required students to use the bathroom that corresponded with their gender at birth. Grimm was given the option of using a separate gender-neutral bathroom, but refused to do so, feeling stigmatized.

SUPREME COURT ISSUES BLOW TO UNIONS IN CALIFORNIA CASE ABOUT FARM PROPERTY RIGHTS

Judge Henry Floyd, writing for the 4th Circuit, said the school board’s actions constituted “a special kind of discrimination against a child that he will no

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House rebuffs GOP lawmaker’s effort to remove references to Democrats in Capitol

The House on Tuesday tabled a resolution offered by conservative Rep. Louie GohmertLouis (Louie) Buller GohmertRep. Dan Meuser tests positive for COVID-19 Watchdog calls for probe into Gohmert ‘disregarding public health guidance’ on COVID-19 Massie plans to donate plasma after testing positive for COVID-19 antibodies MORE (R-Texas) calling on Speaker Nancy PelosiNancy PelosiAirline industry applauds Democrats for including aid in coronavirus relief package Democrats unveil scaled-down .2T coronavirus relief package Trump tax reveal roils presidential race MORE (D-Calif.) to remove any references in the lower chamber to political parties that supported slavery or the Confederacy, including the Democratic Party.

The chamber tabled the measure in a 223-176 vote. Gohmert offered the resolution after the Democratic-controlled House voted in July to remove statues of people who served the Confederacy or otherwise worked to defend slavery from the Capitol.

Critics of removing the Confederate statues, including Gohmert, argued that lawmakers were attempting to erase history by doing away with the symbols.

“Due to parliamentary issues, I am re-introducing my Privileged Resolution and urging my Democratic colleagues to rid the House wing of the U.S. Capitol of any item that names, symbolizes or mentions their own political party because of its past support for slavery and the Confederacy,” Gohmert said in a statement reintroducing the resolution on Thursday.

“Though I personally believe we need to learn from history including the good, the bad and the ugly, the Democratic Party has initiated this purging but needs assistance to avoid unparalleled hypocrisy. So, it is time for Democrats to account for, be washed of, and rid our Capitol of the sins of their party’s past.”

The resolution — which was co-sponsored by GOP Reps. Andy Biggs (Ariz.), Jody HiceJody Brownlow HicePelosi must go — the House is in dire need of new leadership House Republicans investigating California secretary of state’s contract with Biden-linked firm GOP lawmakers want answers from Disney on Mulan, China MORE (Ga.), Randy WeberRandall (Randy) Keith WeberOVERNIGHT ENERGY: Cheney asks DOJ to probe environmental groups | Kudlow: ‘No sector worse hurt than energy’ during pandemic | Trump pledges ‘no politics’ in Pebble Mine review Cheney asks DOJ to probe environmental groups  GOP’s Gohmert introduces resolution that would ban the Democratic Party MORE (Texas), Andy HarrisAndrew (Andy) Peter HarrisCongressman who denounced mask wearing overseeing the trial of a drug to treat COVID-19 Pelosi must go — the House is in dire need of new leadership Ukraine language in GOP platform underscores Trump tensions MORE (Md.), Rick CrawfordRick CrawfordLWCF modernization: Restoring the promise Republicans score procedural victory on Democrats’ infrastructure bill The case for renewed US engagement in Latin America MORE (Ark.), and Ralph NormanRalph Warren NormanHouse Dems introduce bill to require masks on planes and in airports Bipartisan bill introduced to require TSA to take temperature checks House Republicans urge White House to support TSA giving travelers temperature checks MORE (S.C.) — points to the Democratic Party supporting the institution of slavery during the time of

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