RICHMOND, VA (WWBT) - Gavin Grimm, the transgender teen from Gloucester County who has been fighting to use the boys bathroom, says he's certainly disappointed but not necessarily surprised the Supreme Court will no longer consider his case
"For me it's about the impact it could have on trans kids who come after me," said Grimm.
The case now goes back to the Fourth Circuit Court of Appeals in Richmond.
"Off course this was disappointing. I don't think anyone wanted to draw out longer," Grimm said.
Going back to the federal court is a move supported by opponents who agree with President Trump's policy that says the transgender bathroom issue should be decided on a state by state basis.
"The court took the logical step with this case given that the current administration rightly rescinded a letter where the Obama administration had simply taken a radical interpretation of a law that was intended to equalize things for women," said Victoria Cobb a Family Foundation of Virginia. "A school board can rightly accommodate students who are struggling with sexual identity without compromising the dignity and privacy of all students."
Gavin disagrees. "When you leave it up to the states to decide who gets their rights and who doesn't, people wait a long time before they get their rights," he said.
Gavin was born female but identifies as male. The Gloucester County school board ruled he had to use a separate, single stall restroom. Gavin sued and the Fourth Circuit Court of Appeals ruled in his favor.
The ruling was based on the Education Department's letter saying a school must treat a transgender student consistent with their gender identity. But, President Trump has revoked that guidance.
"Mostly my heart aches for all the trans 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 those protections, basically, you're not deserving of them," he said.
Grimm's team says they will continue to argue that transgender youth are protected under Title IX and the Constitution.
The Fourth Circuit Court of Appeals meets again in May. Stay with NBC12 for any updates in this case.
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