NEWPORT NEWS, Va. — A federal judge said Tuesday that a transgender student at odds with a Virginia high school since 2015 should not have been forced to use a bathroom separate from the boys’ restrooms, which he wanted to use.
In 2014, the Gloucester County School Board told Gavin Grimm he could not use the boys’ restrooms at the school and would have to use a separate bathroom. Grimm identifies as a man and brought a lawsuit against the district.
Grimm, now a graduate of the high school, has become a national figure for the rights of transgender students since his case to use the boys’ bathrooms at his school reached the Supreme Court. Justices there declined to hear the case, which was then kicked back to lower courts.
More: Transgender student Gavin Grimm won’t rest in his restroom quest
Judge Wright Allen determined Grimm’s case was that of sex discrimination and the school’s bathroom policy "subjected him to sex stereotyping." Allen said he should have been protected to use the boys’ bathroom because of the Constitution’s equal protection clause and Title IX.
Wright Allen directed attorneys for Grimm and the Gloucester County School Board to set up a settlement conference. The parties had 30 days from Tuesday (May 22) to do that.
The Gloucester County School Board, which attempted to ask the court to dismiss the case earlier, released a statement following the district court’s decision saying it "continues to believe that its resolution of this complex matter fully considered the interests of all students and parents in the Gloucester County school system."
It was not clear if the school board planned to appeal.