THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

The court was scheduled to hear the Gloucester County School Board v. G. G. March 28, but remanded the case to the United States Court of Appeals for the Fourth Circuit, asking the appellate court to reconsider the case "in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017."

That document withdrew earlier guidance issued by the Obama Administration specifying that Title IX anti-discrimination protections were applicable to transgender students in the nation's schools. Trump Administration officials said at the time that it wished to study the issue further.

The litigation in question involved a transgender boy, Gavin Grimm, who was forced to use an isolated, single stall washroom at his school. Both Grimm and his opponents have stated their desire for the Supreme Court to hear the case.

In a statement, Joshua Block, senior staff attorney at the ACLU's LGBT Project and lead counsel for Grimm, called the development "a detour, not the end of the road."

"Nothing about today's action changes the meaning of the law," Block added. "Title IX and the Constitution protect Gavin and other transgender students from discrimination. While we're disappointed that the Supreme Court will not be hearing Gavin's case this term, the overwhelming level of support shown for Gavin and trans students by people across the country throughout this process shows that the American people have already moved in the right direction and that the rights of trans people cannot be ignored."

Eliza Byard, GLSEN's executive director, added, "The Supreme Court has missed an opportunity to end the painful discrimination currently faced by tens of thousands of transgender students nationwide. The position previously taken by the Departments of Education and Justice lifted up best practices for K-12 schools to improve the lives of students and provide a clear path to opportunity. We remain confident the courts will ultimately stand with Gavin and other transgender students in seeking access to school facilities that correspond with their gender identity and determining their gender-affirming name and pronouns, but in the meantime trans students are left without clear protections from our Federal government while the case is reheard."

Similar litigation has been ongoing in the Chicago area since 2015, when a suburban transgender girl sued to use the girl's locker room and washroom at her high school. The Obama Administration came down on the side of the student and threatened to pull federal funding; the school district cut a deal, allowing the girl to use the facilities she wished. A group of students' families, however, sued the government and school district over the matter in 2016.

From an ACLU press release:

WASHINGTON — The Supreme Court announced today that it is sending a landmark transgender rights case back to the Fourth Circuit Court of Appeals to be reconsidered in light of the Departments of Justice and Education rescinding of a Title IX guidance clarifying protections for transgender students. Grimm and his legal time will hold a media teleconference at 2 p.m. today to discuss the developments.

The action in the case of high school student Gavin Grimm means that the Supreme Court will not hear arguments on March 28 as originally scheduled. The case is Gloucester County School Board v. G.G.

The Fourth Circuit originally ruled in favor of Grimm in his case challenging the Gloucester County School Board's decision to force him to use a separate, single-stall restroom that no other student is required to use.

Joshua Block, senior staff attorney at the ACLU's LGBT Project and lead counsel for Grimm, had the following reaction:

"Nothing about today's action changes the meaning of the law. Title IX and the Constitution protect Gavin and other transgender students from discrimination. While we're disappointed that the Supreme Court will not be hearing Gavin's case this term, the overwhelming level of support shown for Gavin and trans students by people across the country throughout this process shows that the American people have already moved in the right direction and that the rights of trans people cannot be ignored. This is a detour, not the end of the road, and we'll continue to fight for Gavin and other transgender people to ensure that they are treated with the dignity and respect they deserve."

For more information about this case, visit: www.aclu.org/cases/gg-v-gloucester-county-school-board .

This release can be found here: www.aclu.org/news/supreme-court-sends-gavin-grimm-case-back-down-appeals-court .

From a GLSEN press release:

"The Supreme Court has missed an opportunity to end the painful discrimination currently faced by tens of thousands of transgender students nationwide," said Dr. Eliza Byard, GLSEN Executive Director in response to SCOTUS' decision to decline to hear the case of transgender student Gavin Grimm, instead referring it back to the 4th Circuit Court of Appeals. "The position previously taken by the Departments of Education and Justice lifted up best practices for K-12 schools to improve the lives of students and provide a clear path to opportunity. We remain confident the courts will ultimately stand with Gavin and other transgender students in seeking access to school facilities that correspond with their gender identity and determining their gender-affirming name and pronouns, but in the meantime trans students are left without clear protections from our Federal government while the case is reheard. Additionally, the federal government continues to backtrack on their commitment to supporting transgender students, making it more important than ever that educators, schools, school districts, and state governments make explicitly clear their support through inclusive school values statements and comprehensive policies."

From an HRC press release:

WASHINGTON - Today, the Human Rights Campaign (HRC) responded to the news that the Supreme Court of the United States will not hear the case of G.G. v. Gloucester County School Board this term. Gavin Grimm, a transgender boy, filed suit against the school board alleging it violated Title IX of the Education Amendments of 1972 by denying him use of the boy's restroom.

"The Supreme Court of the United States sent this case back to the Fourth Circuit as a direct result of the Trump Administration rescinding school guidance protecting transgender students. Now, thousands of transgender students across the country will have to wait even longer for a final decision from our nation's highest court affirming their basic rights," said HRC Legal Director Sarah Warbelow. "To be clear, transgender students are covered by Title IX and are entitled to the same rights and protections as every other student. But while this plays out in our courts, we are deeply concerned about the consequences this could have for transgender students, who may not be aware of their rights or be subject to increased discrimination by others who feel emboldened by the Trump Administration's recent actions. Now more than ever it is crucial for all of us to affirm to transgender students that they are equal, they are valued, and there are millions of people across our country who will have their backs, no matter what."

Today, the Supreme Court sent the Grimm case back to the Fourth Circuit Court of Appeals following the Trump Administration's decision to rescind protective school guidance for transgender students. Because the Fourth Circuit's original ruling was heavily based on the Obama Administration's guidance, the Supreme Court has asked the lower court to revisit the case and rule on the underlying statutory question regarding the scope of Title IX. Title IX prohibits discrimination against transgender students including with respect to restroom access regardless of the guidance.

In June, a federal court ordered the Gloucester County School Board to allow Grimm full access to the restroom that corresponds with his gender identity, consistent with a ruling from the Fourth Circuit Court of Appeals. In August, the Supreme Court of the United States halted the lower court's order, allowing the school board's discriminatory policy to remain in place while the court awaited an application by the school board to have its full appeal heard.

48 hours after Jeff Sessions was confirmed as Attorney General and a day after being sworn in, the Department of Justice moved to eliminate the Obama Administration's challenge to a nationwide injunction against enforcement of the guidance, allowing the nationwide hold to continue. Despite this action, transgender students facing discrimination can still file suit under Title IX of the Education Amendments of 1972.

Allowing transgender people to access facilities consistent with their gender identity — something compelled for years by laws in 18 states as well as embraced by hundreds of cities and school districts around the country — has not resulted in problems. On the other hand, forcing transgender students to use sex-segregated facilities contrary to their identity can impose real harm on transgender students, further compounding the discrimination and marginalization they already face.

A recent study correlated the high suicide rates of transgender students with discriminatory bathroom restrictions, and, according to the Youth Suicide Prevention Program, more than 50 percent of transgender youth will have had at least one suicide attempt by their 20th birthday.

From a National LGBTQ Task Force press release

Washington DC, March 6, 2017 — The National LGBTQ Task Force is making the following statement in response to the United States Supreme Court's decision to send the case of Gavin Grimm, the transgender student at the center of a historic case regarding transgender equality, back to the lower court.

"It is extremely disappointing that the Supreme Court declined to use this opportunity to provide clarity on gender identity protections under Title IX sex protections. That said, nothing about today's action changes the meaning of the law: Title IX and the Constitution protect Gavin and other transgender students from discrimination. Every single young person in our nation should have access to a quality education, free from discrimination, persecution and violence. The outpouring of support for Gavin — and through his case, every trans student in our education system — further illustrates America's abhorrence for discrimination in all its forms, and particularly against the most vulnerable, our children and young people," said Stacey Long Simmons, Director of Public Policy and Government Affairs, National LGBTQ Task Force.

The High Court decision comes shortly after the historic guidance to Title IX, providing support and protections to transgender students issued by the Obama Administration, was removed by the Trump Administration. The Obama guidance provided clarity on matters such as: the right of students to not be discriminated against, or bullied because of their gender identity, to be addressed by the names and pronouns that correspond to their identity, using the bathroom matching their gender identity, among others. The guidance was challenged in court by the opponents of LGBTQ equality.

Recently, the National LGBTQ Task Force joined a wide diversity of people and organizations from across the nation who filed friend of court briefs. These included: school teachers and administrators, multi-faith leaders, state Attorneys General and city officials, and other transgender students and their family members.

PFLAG Statement on SCOTUS and Gavin Grimm Case, from a press release:

WASHINGTON, DC—PFLAG National—the nation's largest organization uniting families, allies, and people who are lesbian, gay, bisexual, transgender and queer (LGBTQ)—issued the following statement from Interim Executive Director Elizabeth Kohm in response to the U.S. Supreme Court's decision not to hear the case of transgender student Gavin Grimm, and to instead return the case to the Fourth Circuit Court of Appeals:

"Today's decision did not change the meaning of Title IX, although we are disappointed that the Supreme Court will not take the opportunity now to provide further clarity around the discrimination protections it provides transgender students. Today's decision only reinforces PFLAG's resolve to stand by Gavin and all trans youth across the country, who need this protection in order to attend school fairly and safely. Our 400+ chapters across the country will continue to work with school districts to make sure they have inclusive policies that protect transgender youth. We will also provide continued support and guidance to students, parents, and all concerned, trusted adults to report acts of discrimination against LGBTQ youth using Claim Your Rights, our joint initiative with GLSEN."

National Education Association statement, from a press release:

Washington—The United States Supreme Court today returned to the lower court a case involving the rights of Gavin Grimm, a transgender student from Virginia. The National Education Association and a coalition of national organizations representing a broad swath of education professionals—employees who interact with students everywhere from the bus stop to after-school programs and everything in between—last week filed a friend of the court brief asking the United States Supreme Court to protect the rights of transgender students.

The filing of the brief comes on the heels of a dangerous and irresponsible Trump administration decision to rescind federal guidance advising schools districts to comply with their legal obligations to protect transgender students from discrimination. Withdrawing the federal guidance didn't change the law, but it did highlight the need for the Supreme Court to step in. The following statement can be attributed to NEA President Lily Eskelsen García:

"We, as educators, have a moral, legal, and professional duty to support all students, including our transgender students, and nothing about the Supreme Court's decision today to remand Gavin's case to the United States Court of Appeals for the Fourth Circuit changes that.

"While we are disappointed that the Supreme Court deferred deciding whether Gavin's rights were violated when he was discriminated against at school for being transgender, we are confident that the Fourth Circuit, and eventually the Supreme Court, will ultimately vindicate his rights.

"Most courts have already concluded that federal law protects transgender students, and we fully expect that the Fourth Circuit will agree."

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