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ACLU asks Supreme Court to not rule on transgender student's case

Published: Sep. 14, 2016 at 1:08 PM EDT|Updated: Apr. 13, 2017 at 8:19 PM EDT
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GLOUCESTER, VA (WWBT) - The American Civil Liberties Union and the ACLU of Virginia filed a brief Wednesday with the Supreme Court asking the judges to not review the ruling involving 17-year-old Gavin Grimm, who is transgender, and the Gloucester School Board.

Last month, the Supreme Court put a hold on an earlier federal judge's ruling that let Grimm use the boys restroom as judges reviewed 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."

In April, the Fourth Circuit Court of Appeals sided with Gavin and his lawyers from the ACLU in his case against the school system's bathroom policy, ruling that school leaders had discriminated against the 16-year-old by refusing to allow him to use the boys' restroom and that he could in fact use the same restrooms as other boys at his school.

The district required students to use either the restroom that corresponds with their biological gender or a private, single-stall restroom.

The ACLU argues that the Court of Appeals ruling was correct and says 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.

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