Court overturns Virginia school's transgender bathroom rule

Recent Cases

A Virginia high school discriminated against a transgender teen by forbidding him from using the boys' restroom, a federal appeals court ruled Tuesday in a case that could have implications for a North Carolina law that critics say discriminates against LGBT people.
 
The case of Gavin Grimm has been especially closely watched since North Carolina enacted a law last month that bans transgender people from using public restrooms that correspond to their gender identity. That law also bans cities from passing anti-discrimination ordinances, a response to an ordinance recently passed in Charlotte.  

In the Virginia case, a three-judge panel of the 4th U.S. Circuit Court of Appeals — which also covers North Carolina — ruled 2-1 to overturn the Gloucester County School Board's policy, saying it violated Title IX, the federal law that prohibits discrimination in schools. A federal judge had previously rejected Grimm's sex discrimination claim, but the court said that judge ignored a U.S. Department of Education regulation that transgender students in public schools must be allowed to use the restroom that corresponds with their gender identity.

"We agree that it has indeed been commonplace and widely accepted to separate public restrooms, locker rooms, and shower facilities on the basis of sex," the court wrote in its opinion. "It is not apparent to us, however, that the truth of these propositions undermines the conclusion we reach regarding the level of deference due to the department's interpretation of its own regulations."

Maxine Eichner, a University of North Carolina law professor who is an expert on sexual orientation and the law, said the ruling — the first of its kind by a federal appeals court — means the provision of North Carolina's law pertaining to restroom use by transgender students in schools that receive federal funds also is invalid.

"The effects of this decision on North Carolina are clear," she said, adding that a judge in that state will have no choice but to apply the appeals court's ruling.

Other states in the 4th Circuit are Maryland, West Virginia and South Carolina. While those states are directly affected by the appeals court's ruling, Eichner said the impact will be broader.

"It is a long and well-considered opinion that sets out the issues," she said. "It will be influential in other circuits."

Appeals court Judge Paul V. Niemeyer, who was appointed to the appeals court by Republican President George H.W. Bush, wrote in a dissenting opinion that the majority's opinion "completely tramples on all universally accepted protections of privacy and safety that are based on the anatomical differences between the sexes."

The majority opinion was written by Judge Henry F. Floyd and joined by Judge Andre M. Davis, both appointees of Democratic President Barack Obama. The Richmond-based court was long considered the nation's most conservative federal appeals court, but a series of vacancies in the last few years has allowed Obama to reshape it. Including the two senior judges, the court now has 10 judges appointed by Democrats and seven by Republicans.

Related listings

  • Supreme Court rejects challenge to Google's online library

    Supreme Court rejects challenge to Google's online library

    Recent Cases 04/18/2016

    The Supreme Court turned away a challenge Monday to Google's online book library from authors who complained that the project makes it harder for them to market their work. The justices let stand lower court rulings in favor of Mountain View, Califor...

  • Despite court ruling, China gay rights movement makes gains

    Despite court ruling, China gay rights movement makes gains

    Recent Cases 04/15/2016

    For years, Chen Tiantian could only read about the gay rights movement in faraway places. She knew that there were activists in Beijing and a vibrant community in Shanghai, and that in San Francisco, a distant mecca, gay pride parades took up entire ...

  • Cosby asks court to reseal testimony about affairs, drugs

    Cosby asks court to reseal testimony about affairs, drugs

    Recent Cases 04/14/2016

    Bill Cosby's lawyers urged an appeals court Wednesday to reseal the comedian's lurid, decade-old testimony about his womanizing, but the panel of judges seemed to think the request was pointless, since the deposition has already made headlines around...

Victorville CA DUI Lawyers - Drunk Driving Defense Attorney

The outcome of a Victorville CA DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.

Business News

Surry County Criminal Defense Lawyers. At DiRusso & DiRusso, we have the legal knowledge and experience to protect you. >> read
Canton, MI Criminal Law Attorney Rita White is a metro Detroit area attorney with a focus on criminal defense. >> read