Federal appeals court upholds decision on Gloucester transgender bathroom case

FILE -- This Tuesday, Aug. 25, 2015 file photo shows Gavin Grimm on his front porch during an interview at his home in Gloucester, Va. (AP Photo/Steve Helber)

GLOUCESTER COUNTY, Va. (WAVY) — The Fourth Circuit Court of Appeals has denied a request from the Gloucester County School Board to reconsider a decision on bathroom access for a transgender student — even though the school board is appealing to the Supreme Court.

Gloucester High School junior Gavin Grimm was born female but identifies as a male. Grimm wants to use the boys’ restroom, but the school system barred him from doing so.

In April, a three-judge panel ruled 2-1 to overturn the school board’s bathroom policy. The panel ruled that Title IX protects the rights of transgender students to use school restrooms consistent with their gender identity.

On May 3, the school system issued an appeal, asking the entire 15-judge court of appeals panel to reconsider the smaller panel’s decision.

The full appeals court last week refused to reconsider the 2-1 panel decision in favor of 16-year-old Grimm.

Earlier this week, the school board says they planned on filing a petition with the U.S. Supreme Court asking for a review of the federal appeals court decision. While the Supreme Court decided whether or not to take the case, the Fourth Circuit Court of Appeals was expected to hold off on their final ruling.

However, the federal appeals court announced their decision Thursday. This means Gavin Grimm can use the men’s restroom right now, even though the school board has signaled its intent to appeal to SCOTUS.

Stay with WAVY News for continuing coverage of this developing story.

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