Gavin Grimm, ACLU respond to Supreme Court decision to vacate Gloucester transgender bathroom case

Gavin Grimm, ACLU of Virginia Press Conference

RICHMOND, Va. (WRIC) — Transgender Gloucester High School student Gavin Grimm spoke Monday, along with his attorney Gail Deady, at a press conference at the ACLU of Virginia in response to the Supreme Court’s decision to send Grimm’s case back down to the 4th Circuit Court of Appeals.

“Mostly my heart aches for all the transgender students in the nation that were feeling scared and lost and feeling like their voice didn’t matter when an administration comes out and says that those protections, basically, you’re not deserving of them,” Grimm said.

Deady said that while this is a drawback, she is confident that lower courts will continue to rule in Grimm’s favor.

“The Supreme Court’s decision to send the case back to the 4th Circuit doesn’t change the legal protection that transgender students have under both Title IX and the United States Constitution,” Deady said.

“Mostly my heart aches for all the transgender students in the nation that were feeling scared and lost and feeling like their voice didn’t matter.” — Gavin Grimm at Monday’s ACLU of Virginia Press Conference

Last year the Supreme Court granted an emergency stay, blocking Grimm from using the boys’ room after the 4th Circuit Court of Appeals ruled that his right to use the bathroom corresponding with his gender identity is federally protected under Title IX which addresses sexual discrimination against students.

However, Monday’s decision by the Supreme Court comes after the Departments of Justice and Education rescinded their guidance clarifying protections for transgender students under Title IX.

With this new development, Grimm’s attorney says it’s unclear whether this will reinstate that original ruling allowing Grimm to use the boys’ restroom.

“I would say to the best of your ability keep your head up,” Grimm said. “There are people like the ACLU fighting for you absolutely every day tirelessly and this will happen until you are safe in your schools.”

“There’s some ambiguity there,” Deady said. “Because the 4th Circuit decision was vacated and the injunction was granted based on the 4th Circuit decision … though at this point we can assume that the injunction will not go forward.”

Grimm said that no matter how long it takes, he will continue to fight for transgender rights, but called today’s news a “disappointing detour.”

“I would say to the best of your ability keep your head up,” Grimm said. “There are people like the ACLU fighting for you absolutely every day tirelessly and this will happen until you are safe in your schools.”

Gavin Grimm

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