Virginia school board wants review of judges' ruling for transgender teen

The US Court of Appeals for the 4th District's ruling with the student determines that the amendment protects the right of transgender students to use facilities that are in line with their gender identities. Gender identity and sexual orientation are also excluded from statewide workplace and public accommodation protections in the law, which triggered widespread criticism from equality advocates and business leaders nationwide.

While today's ruling guarantees protections for transgender students in North Carolina, it does not address the other discriminatory provisions contained in HB2.

Recently, North Carolina and MS also adopted similar laws that opponents say are discriminatory to people who are lesbians, gays, bisexual, and transgender.

Tuesday's decision presumably blunts part of the force of the North Carolina law by prohibiting enforcement of the bathroom restriction in public schools. A transgender boy who appears male may generally raise alarms if he is forced to use the girls' bathroom. Further, the dissent opines that "a$3 biological male identifying as female could hardly live in a girls' dorm or shower in a girls' shower without invading physiological privacy needs, and the same would hold true for a biological female identifying as male in a boys' dorm or shower".

McCrory said he's seeking an evaluation from state lawyers whether public schools can continue to implement the law while the Virginia defendants decide whether to appeal.

Both Berger and McCrory are Republican. He decried what he called the “radical social reengineering of our society by forcing middle school-aged girls to share school locker rooms with boys.”.

In 2015, with the legal aid of the American Civil Liberties Union and the ACLU of Virginia, Grimm filed suit against Gloucester County demanding to use the men's restroom.

The appeals court said Doumar made legal errors in the case and told him to reconsider his decision.

But the student took the case to a federal court, citing federal Title IX sex discrimination rules. The ruling puts schools in North Carolina in a bind, with state law conflicting with federal regulations, Negron said. The majority was led by Judge Henry Floyd, an Obama appointee.

Carl Tobias, a law professor at the University of Richmond, said the 4th Circuit could reject a request from Gloucester County for all 15 members of the court to review the three-judge panel's ruling.

Francisco Negron, general counsel for the National School Boards Association, said school officials are often anxious and confused about their obligations when it comes to accommodating transgender students because the law is "unsettled".

On another issue, the appeals court ordered the trial judge to reconsider his refusal to issue an order that would allow Grimm to use the boys' restrooms immediately. So when some parents complained that the female Grimm, 16, was permitted to use the boys' restroom two years ago, the school responded by adopting a policy that required students to use facilities that correspond to their biological sex. "And as more transgender students are coming out and asking to use the restroom or locker room designated for the gender with which they identify, others, including bullies, will know who they are".

Related News: