Supreme Court refuses to hear transgender bathroom case, a win for student Gavin Grimm

The Supreme Court on Monday handed the LGBT rights movement another victory, declining to hear an appeal that challenged the rights of transgender students to use the bathroom of their choosing.

The high court said it would not take a case involving Gavin Grimm and the school board of Gloucester County, Virginia. That board had refused Grimm the choice to use a boys bathroom in his school in a policy that also applied to other transgender students.

Grimm was born female but began identifying as male after his high school freshman year.

Activist Gavin Grimm arrives for the Time 100 Gala in the Manhattan borough of New York, New York, U.S. April 25, 2017.

Carlo Allegri | Reuters

Grimm’s right to use a boys bathroom was upheld in rulings by lower federal courts, which had ruled that he was protected by a federal law that bars school programs from discriminating against students on the basis of their sex.

Two of the Supreme Court’s more conservative justices, Clarence Thomas and Samuel Alito, said they would have heard the case, according to the order released Monday.

The use of bathrooms by transgender students and the acceptance of such students on school athletic teams has become a flashpoint for conservatives in recent years.

“This is a victory for transgender students, who simply want to be themselves without worrying about being rejected or refused access to basic dignities,” said Sarah Kate Ellis, the CEO GLADD, a leading lesbian, gay, bisexual, transgender and queer advocacy group.

Medical and educational authorities all agree that transgender young people must be allowed to belong, learn, grow, and succeed as their authentic selves, just like any other child,” Ellis said. “Our schools and our society are safer and offer more opportunity for all when all are welcome. Our country and community are stronger thanks to Gavin Grimm’s courage and his fight for all kids to be included, valued and protected.” 

The ruling in Grimm’s favor comes a year after the Supreme Court ruled that federal civil rights law bars employers from discriminating against people because of how they identify their gender.

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The American Civil Liberties Union, which represented Grimm, said Monday’s ruling “is the third time in recent years that SCOTUS [the Supreme Court of the United States] has allowed appeals court decisions in support of trans students to remain.”

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Supreme Court gives victory to transgender student who sued to use bathroom that corresponded to his gender identity

The case concerns the scope of Title IX that prohibits schools from discriminating “on the basis of sex.” It began when Gavin Grimm, a transgender male who was then a high-school student, challenged the local school board’s decision to require him to use either a unisex restroom or a restroom that corresponds to the sex, female, he was assigned at birth.

Justice Clarence Thomas and Justice Samuel Alito said they would have taken up the case for next term.

“I am glad that my years-long fight to have my school see me for who I am is over. Being forced to use the nurse’s room, a private bathroom, and the girl’s room was humiliating for me, and having to go to out-of-the-way bathrooms severely interfered with my education,” Grimm — who has since graduated — said in a statement Monday.

“Trans youth deserve to use the bathroom in peace without being humiliated and stigmatized by their own school boards and elected officials,” he added.

The court’s decision not to review an opinion by the 4th US Circuit Court of Appeals means that public school students in the mid-Atlantic states covered by the 4th Circuit, as well as states governed by the 7th Circuit and the 11th Circuit, can use the bathroom that corresponds to their gender identity. The issue is unsettled in other states and another appeal could conceivably make its way back to the Supreme Court, although Grimm’s legal fight is over.

Grimm filed suit against the board in 2015, arguing that the school’s policy violated Title IX and the Equal Protection Clause. The Obama Justice Department filed a “statement of interest” accusing the board of violating Title IX. A federal appeals court deferred to the interpretation ruling in Grimm’s favor. The school board appealed the decision to the Supreme Court, which agreed to take up the case.

Before the high court could rule, however, the Trump administration withdrew the Obama-era guidance, and the Supreme Court wiped away the decision by the 4th US Circuit Court of Appeals and sent the case back down for further proceedings. The case began again at the district court and ultimately the 4th Circuit again ruled in favor of Grimm, this time citing the Supreme Court’s landmark decision in 2020 that held that federal employment law protects LGBTQ workers.
John Roberts is all business in his conservatism

Grimm began fighting the Gloucester County School Board’s policies when he was a sophomore at a Virginia high school in 2015. As part of Grimm’s medical treatment for severe gender dysphoria, Grimm and his mother notified school administrators of his male gender identity and received permission for Grimm to use the boys’ restroom for almost two months. But once the school board began receiving complaints, it adopted a new policy denying him access to the boys’ bathrooms.

In 2019, a federal judge in Virginia also ruled in favor of Grimm, telling the school board it must recognize him as male and saying the board had violated his constitutional rights. The judge awarded him one
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Supreme Court declines to hear bathroom case in victory for transgender student

Supreme Court

Supreme Court Drew Angerer/Getty Images

The Supreme Court is passing on a key case involving a transgender student, and the ACLU is celebrating the news as an “incredible victory.”

The Supreme Court on Monday declined to hear the case of Gavin Grimm, the transgender student who challenged a Virginia school board’s policy that restrooms are “limited to the corresponding biological genders,” NBC News reports. Lower courts sided with Grimm that this violated Title IX, the civil rights law against sex discrimination, and since the Supreme Court isn’t taking up the case, Grimm’s win stays in place.

Josh Block, an attorney for the American Civil Liberties Union, told NBC that this was “an incredible victory for Gavin and for transgender students around the country,” while Grimm said, “I am glad that my years-long fight to have my school see me for who I am is over. Being forced to use the nurse’s room, a private bathroom, and the girl’s room was humiliating for me, and having to go to out-of-the-way bathrooms severely interfered with my education.”

According to CNN, Justices Clarence Thomas and Samuel Alito both said they would have taken up the case.

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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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Supreme Court won’t take up case challenging school’s policy allowing a transgender student to use bathroom corresponding with their identity

The petition was considered a long shot because of several complicated threshold issues, including the fact that the policy had been put in place five years ago for one student — referred to as “student A” — who has since graduated from the high school located in Dallas, Oregon. At issue was an individualized plan drawn up specifically for “student A.”

In declining to take up the petition, the justices left in place an appeals court decision earlier this year that held that the school’s policy intended to “avoid discrimination and ensure the safety and well-being of transgender students.”

“A policy that allows transgender students to use school bathroom and locker facilities that match their self-identified gender in the same manner that cisgender students utilize those facilities does not infringe Fourteenth Amendment privacy or parental rights or First Amendment free exercise rights, nor does it create actionable sex harassment under Title IX,” Judge Atsushi Wallace Tashima wrote for the appeals court.

The Supreme Court’s action Monday was taken without comment or noted dissent.

The American Civil Liberties Union cheered the court’s move on Monday, saying the justices’ message was that “transgender youth are not a threat to other students.”

“The decision not to take this case is an important and powerful message to trans and non-binary youth that they deserve to share space with and enjoy the benefits of school alongside their non-transgender peers,” Chase Strangio, the deputy director for trans justice with the ACLU’s LGBT and HIV Project, said in a statement.
Federal appeals court sides with student in Virginia transgender bathroom case

Despite Monday’s order, the issue isn’t likely to go away soon. Other lower courts have addressed a related question brought by lawyers for transgender students concerning whether Title IX or the Constitution requires schools to allow transgender students to have equal access to bathrooms consistent with their gender identity. A case on that issue is expected to reach the court early next year.

The transgender bathroom debate has long been a flashpoint for the court. Supporters of LGBTQ rights fear that the Supreme Court’s newly solidified 6-3 conservative majority could prove to be hostile toward policies in favor of transgender students.

In late August, a federal appeals court handed a win to a transgender former student in a years-long fight over restroom policies, ruling that policies segregating transgender students from their peers are unconstitutional and violate federal law prohibiting sex discrimination in education. That decision relied in part on the Supreme Court’s ruling earlier this year in favor of LGBT workers.

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Columbus Police Nab Suspect Who Killed Student Near Frat House

KEY POINTS

  • The suspect in the death of a 23-year-old Ohio State University student has been arrested
  • Chase Meola was shot and killed in the parking area of the Phi Kappa Psi fraternity house
  • The suspect, 18-year-old Kinte Mitchell, Jr. was later arrested a few blocks away from the scene
  • Police said the incident happened after an altercation when guests were told to leave a house party

The suspect responsible for shooting and killing an Ohio State University student outside a University District frat house was arrested over the weekend.

Columbus police discovered the body of 23-year-old Chase Meola in the parking area of the Phi Kappa Psi fraternity house at the corner of Indianola Avenue after 2:00 a.m. Sunday.

Meola, a fifth-year marketing major from Mahwah, New Jersey, was pronounced dead at the scene, the Columbus Dispatch reported, citing a statement from the University.

Ohio State’s neighborhood safety notice said Meola’s death stemmed from an altercation that happened outside after guests were asked to leave a house party. It was here that 18-year-old Kinte Mitchell, Jr. shot Meola and fled on foot, according to The Lantern.

handcuffs This image shows a pair of handcuffs at the Commissariat de Police Nationale (National Police Station) in Alfortville, France, Nov. 21, 2016. Photo: THOMAS SAMSON/AFP/Getty Images

The University extended its condolences to the friends and family of Meola and encouraged those who are in need of support to call the school’s counseling services.

The suspect was later arrested after police located him several blocks away. Mitchell, Jr. was “positively identified” as the shooter and charged with murder. He will be arraigned Tuesday morning, the outlet added.

Sergeant James Fuqua said they are trying to determine what brought Mitchell, Jr. to the party considering that he was not a student of the University. The Columbus Police spokesperson added that they have questioned several other people, but no other charges have been filed.

No other injuries were reported, said the Columbus Dispatch.

“We’re going to continue to gather the facts to figure out why he was there and again not only what led him to a house on campus, but what led him specifically to that gathering and that party,” Fuqua told The Lantern.

Phi Kappa Psi Executive Director Ronald K. Ransom III said in an email Sunday that Meola is not a member of the fraternity, while facilities surrounding the University serve as boarding houses.

“Our thoughts and prayers are with the family and friends of the young man who died as a result of the incident,” wrote Ransom in his email.

In June 2018, OSU revoked the fraternity’s student organization status due to hazing and endangering behavior. Phi Kappa Psi is on disciplinary suspension until August 2022.  

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Ohio State student killed in shooting near frat house; suspect arrested

A teen has been arrested in the shooting death early Sunday of an Ohio State University student after an altercation outside an off-campus frat house, according to reports.

Columbus police said they found the victim Chase Meola, 23, in an alley next to the Phi Kappa Psi fraternity house.

Officers responded shortly after 2 a.m. for a report of shooting.

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Mug shot for Kinte Mitchell, 18.

Mug shot for Kinte Mitchell, 18.
(Franklin County Sheriff’s Office)

Police said Kinte Mitchell Jr., 18, was arrested a few blocks away and charged with killing Meola, The Columbus Dispatch reported.

“Reports indicate that individuals were asked to leave a house party in the area, and an altercation occurred outside,” they said.

Police said Mitchell was not a Ohio State student and they were trying to determine how he wound up at the party.

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Phi Kappa Psi had its student organization status revoked in June 2018 and is on disciplinary suspension through August 2022 due to hazing and endangering behavior, according to The Lantern, the Ohio State student newspaper.

“The Ohio State University community is in mourning, and our deepest condolences and support go to the family and friends of Chase,” campus police said in a statement.

Meola was a fifth-year marketing major from Mahwah, N.J.

He was a high school football standout who aspired to work on Wall Street, the Newark Star-Ledger reported.

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“Wall Street is where I would like to see my self in the near future,” he said on LinkedIn, according to the paper. “Ohio State was a great place for me learn and perfect all my skills.”

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Notre Dame student: Father Jenkins, Trump failed COVID-19 leadership test

  • An event held in the Rose Garden may have been responsible for infecting many high-profile politicians with coronavirus.
  • As a Notre Dame student, it was extremely disappointing to see our President, Father John Jenkins, at the event and not following the protocols that we students have been carefully following ourselves.
  • Rachel Palermo is a J.D. candidate at Notre Dame Law School.
  • This is an opinion column. The thoughts expressed are those of the author.
  • Visit Business Insider’s homepage for more stories.

Leaders must lead by example. 

Setting policies is an important part of being a leader. But the people who set the rules need to join the rest of us in following them.

As a law student at the University of Notre Dame, I have spent the last few months following important rules that have been imposed by our school.

Early this summer, the Notre Dame administration announced that we would return to in-person classes for the fall semester, even as many colleges and universities converted to fully remote learning. In exchange for being able to attend in-person classes, our community has been entrusted with meeting certain safety expectations.

To name a few: we wear masks at all times, stay six feet away from other people, and refrain from traveling outside of the area. We are often reminded that our responsibilities to one another don’t end once we leave campus.

I understand that the only way to keep our community safe is to take the COVID-19 rules and recommendations seriously, even when they are inconvenient. I’m proud that many other Notre Dame students have demonstrated responsible behavior — on and off campus — because they also understand the stakes are too high. 

Last week, along with many of my classmates, I watched the Rose Garden ceremony for the nomination of our professor, Judge Amy Coney Barrett, with disappointment and embarrassment. 

Setting aside whether or not we believe that nominating someone to the US Supreme Court a month before an election is appropriate, we sat in disbelief as some Notre Dame professors and administrators didn’t wear masks, ignored social distancing guidelines, and even shook hands with other attendees. They broke every rule and guideline that we have been told to follow. 

We watched a potential super-spreader event unfold before our eyes on live television, with familiar faces in the crowd. For those of us who have been social distancing since the spring, watching the ceremony was like observing an alternate reality. 

This week, we learned that Donald Trump, Melania Trump, and other high profile White House officials in attendance at the ceremony tested positive for COVID-19. Trump’s diagnoses came just 48 hours after mocking Joe Biden at the presidential debate for his habit of wearing masks. 

Sen. Mike Lee and former Gov. Chris Christie, who tested positive as well, were captured on video hugging other attendees in the Rose Garden. Our own University President, Father John Jenkins, was also present, flouting both mask and social distancing guidance. He has since announced

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Dems in Key House Races Fear Loss of Critical Student Votes With College Campuses Empty

In a COVID-less world, Dylan Taylor would be in East Lansing now, spending his free time at a table outside the dorms at Michigan State University beckoning fellow Spartans to register to vote. Instead, the 19-year-old treasurer of the MSU Young Democrats is stuck living with his parents in the Detroit suburb of Madison Heights, attending classes via Zoom and trying to replicate election-year campus activism remotely with concepts like “Friend Banking.” “You text people you know and ask them, ‘Are you registered to vote?'” he says. “It is a skewed sample. Everyone says, ‘I’m already registered.’ And then I’m done. It is a lot less effective than being on campus.”



a group of people sitting at a park: Sparsely populated college campuses due to COVID limitations on in-person learning could prove problematic for some Democratic Congressional candidates who rely on student votes and campaign volunteers to help them get elected.


© Alexi Rosenfeld/Getty Images
Sparsely populated college campuses due to COVID limitations on in-person learning could prove problematic for some Democratic Congressional candidates who rely on student votes and campaign volunteers to help them get elected.

For Democrats in tough House races across the nation who were counting on students from nearby colleges to work as campaign volunteers and to vote, not having Dylan and people like him on campus is a looming political problem. To prevent the spread of COVID-19, nearly half of American college and universities are offering entirely or mostly virtual classes this fall according to the Chronicle of Higher Education, thereby scattering millions of students who might have been cajoled into voting for the first time and then motivated to support Democrats through peer pressure and appearances from big-name campaign surrogates. Polls consistently show college students skew Democratic by a 70-30 percent margin—the exact percentage, in fact, who said they planned to vote for Joe Biden in a poll of 4,000 students enrolled in four-year colleges by the Knight Foundation this August. So the absence of on-campus organizing is widely seen as an advantage for Republicans.

“That’s a really big deal for my

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Anger over Leeds Marsden House student halls’ fire exit ‘tied shut’

A fire exit with wire wrapped around the gate

image copyrightRyan Gleeson

image captionThe fire exit at Marsden House in Leeds was secured with cable ties “to keep out non-resident students”, a student claims

The parent of a Leeds university student said he was “furious” that a fire exit at his son’s accommodation had been tied shut with cable ties.

Marsden House on Burley Road, Leeds, is home to about 900 students.

Ryan Gleeson, whose step-son is studying at Leeds Beckett University, posted a photo of the secured gate at the halls and alerted the fire service.

IQ Student, which manages the building, said it was investigating and student safety was its “highest priority”.

West Yorkshire Fire and Rescue Service said it had “resolved the issue” after attending the site on Monday.

IQ Student said the gate was “one of several escape routes from the building and is 2m away from an escape route through reception, which is staffed around the clock”.

But students say the gate is also the main point of entry and exit to the halls.

Mr Gleeson’s step-son, who wishes to remain anonymous, said it had been secured shut “all day every day” for four days before the ties were removed.

image copyrightRyan Gleeson

image captionThe adjoining turnstiles had also been blocked to stop people getting in and out, the student said

He claimed he had witnessed security guards securing the gate to keep non-residents from entering the building.

“It doesn’t make us feel very safe when we’re paying so much money to be here. It seems like we’re paying for our own house arrest,” he said.

Mr Gleeson, from Blackpool, said: “I was furious. Absolutely livid that a halls of residence where people are in party mode and will undoubtedly be drinking are put in a greater risk of not being able to find a means of escape from a building and to a point of ultimate safety.

“I understand during fresher’s week students are not entirely blameless in creating a situation but this is an absolutely dangerous way to try and resolve it.”

The fire service said blocking a fire exit was illegal, dangerous, “reckless and puts lives at risk”.

A spokeswoman said IQ Student confirmed “they did not secure the exit” and it was working with the company “to ensure this does not happen again and to identify the individual(s) responsible for securing the exit closed”.

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  • Students

  • University of Leeds
  • Leeds

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