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School Board Fights to Preserve Bathroom Policy After Judge OKs Trans Student?s Lawsu

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Unread 06.06.18, 05:41 AM
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School Board Fights to Preserve Bathroom Policy After Judge OKs Trans Student?s Lawsu

On 06.04.18 01:31 PM posted by Kevin Daley

A Virginia public school district will pursue an appeal after a federal judge ruled that a transgender student can challenge the districtís bathroom access policies under federal civil rights law and the Constitution.

Gloucester County Public Schools*asked U.S. District Court Judge*Arenda Wright Allen*to allow its appeal on Friday. Allenís late May decision allowing the student to bring a case against the district was not a final judgement, meaning the district must secure Allenís approval before filing an appeal.



Though appellate review before final judgement is limited to a narrow range of issues, lawyers for the district argue it is appropriate here, because the appeals courtís decision will essentially determine the outcome of the case.

The American Civil Liberties Union, which represents the plaintiff, consented to the motion. If Allen agrees, the case will proceed to the 4th U.S. Circuit Court of Appeals.

ďWe think the vast majority of courts have already ruled that these sorts of discriminatory polices violate [federal and constitutional protections],Ē ACLU lawyer*Joshua Block told The Associated Press. ďAnd weíre confident the 4th Circuit would agree.Ē

Allen denied the districtís motion to dismiss on May 22, finding the student can sue the system for violating the Constitutionís equal protection guarantees and Title IX, which forbids sex discrimination in education.

The case was occasioned when a transgender student named Gavin Grimm began using the menís restroom at his public high school. Grimm is a trans man. District policy provides that trans students must use the bathroom corresponding to their birth gender or an alternative all-sex bathroom.

Grimmís case reached the U.S. Supreme Court in 2016, but the justices punted on the dispute after the Trump administration withdrew Obama-era guidance that advised public schools that Title IX requires administrators to allow students access to the bathrooms of their choice.

Content created by*The Daily Caller News Foundation*is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities for this original content, email*licensing@dailycallernewsfoundation.org.

The post School Board Fights to Preserve Bathroom Policy After Judge OKs Trans Student’s Lawsuit appeared first on The Daily Signal.



https://www.dailysignal.com/2018/06/...dents-lawsuit/
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