Gavin Grimm and his ACLU attorney, on March 6, spoke with reporters on a conference call just hours after the United States Supreme Court announced that they would remand Grimm's case to a lower appellate court.
Grimm, a transgender boy, sued his Virginia school district after officials required him to use an isolated washroom, away from other facilities. The Supreme Court was scheduled to hear the case at the end of the month, so Grimm and his team were unsurprisingly disappointed. The decision came in light of new guidance from the Trump Administration that said schools could disregard trans-affirming readings of Title IX previously forwarded by the Obama Administration.
"I think I was as prepared as I could be for the possibility," said Grimm, who is now a senior at his school. He said that he tries to use the restroom as infrequently as possible, and only uses the facility set aside for him when absolutely necessary.
"It's not just about bathroomsit's the right for trans people to exist in public spaces," he added. "…If you had to plan your day around whether you can go to the bathroom or not, what kind of life would that be?"
Joshua Block, ACLU's lead attorney on the case, emphasized that the development signified "justice delayed, not justice denied. …We're not disheartened in any way."
Block said that the Trump Administration guidelines in no way took away from the power of Title IX regulations in protecting trans students, a position, he noted, that has frequently been supported by the courts.
"Title IX is just the same as it was yesterday," he said.
Grimm will likely have graduated by the time the case is resolved. Block said that he hopes the student will have "just one day" using the school bathroom of his choice, or at least can do so at his high school reunion.
Grimm said, "I'm still as passionate and happy to be doing this as ever … If it will take 10 years, we could keep doing it."