ACLU files opposition to review in transgender student case

aclu virginiaIn a brief filed with the Supreme Court today, the ACLU and the ACLU of Virginia argue that the Supreme Court should not step in to review a ruling that a local school board violated federal law when it denied a transgender boy access to restrooms consistent with his gender identity.

The ACLU brought the case on behalf of Gavin Grimm in response to the Gloucester County School Board’s discriminatory policy forcing him to use separate single-stall restrooms that no other student is required to use. After a ruling by the U.S. Court of Appeals for the Fourth Circuit, the district court issued a preliminary injunction requiring that Grimm be permitted to use the boys’ restroom during his senior year of high school, which began earlier this month. On August 3, the Supreme Court issued a stay halting the order until it decides whether to grant review of the case.

“We are filing our brief early so that the Supreme Court can consider the request for review as soon as possible,” said Joshua Block, a senior staff attorney with the ACLU’s LGBT Project. “We hope the Supreme Court rejects the school board’s request to hear the case and that Gavin will finally be able to attend high school without being singled out and stigmatized every time he has to do something as basic as using the restroom. Every day that the stay remains in effect, Gavin loses another day of his senior year that he will never get back.”

In today’s brief, the ACLU argues that the court of appeals ruling was correct and that, at the very least, the Supreme Court should follow its customary practice and wait to see if a conflict develops after other courts of appeals across the country have ruled on similar cases across the country before taking a case to rule on the legal question.

“Gavin has shown tremendous patience and courage throughout this process.  We hope that the Supreme Court declines to hear the case and allows him to move on with his life and education, free to use the restroom at school that corresponds to his gender identity,” said Claire Guthrie Gastañaga, the Executive Director of the ACLU of Virginia.

uva basketball team of destiny

Team of Destiny: Inside UVA Basketball's improbable run

Team of Destiny: Inside Virginia Basketball’s Run to the 2019 National Championship, by Jerry Ratcliffe and Chris Graham, is available for $25.

The book, with additional reporting by Zach Pereles, Scott Ratcliffe and Scott German, will take you from the aftermath of the stunning first-round loss to UMBC in 2018, and how coach Tony Bennett and his team used that loss as the source of strength, through to the ACC regular-season championship, the run to the Final Four, and the thrilling overtime win over Texas Tech to win the 2019 national title, the first in school history.


Augusta Free Press content is available for free, as it has been since 2002, save for a disastrous one-month experiment at putting some content behind a pay wall back in 2009. (We won’t ever try that again. Almost killed us!) That said, it’s free to read, but it still costs us money to produce. The site is updated several times a day, every day, 365 days a year, 366 days on the leap year. (Stuff still happens on Christmas Day, is what we’re saying there.) AFP does well in drawing advertisers, but who couldn’t use an additional source of revenue? From time to time, readers ask us how they can support us, and we usually say, keep reading. Now we’re saying, you can drop us a few bucks, if you’re so inclined.