The Supreme Court Just Blocked This Trans Kid From the Bathroom of His Choice

His Virginia school board argued that parents might otherwise pull their kids out of school.

Gavin Grimm at his home in Gloucester, Virginia, in August 2015<a href="http://www.shutterstock.com/pic-392752957/stock-photo-unisex-bathroom.html?src=2O7w_kaKNjjN9uxIZCbtcQ-1-7">Studio C</a>/Shutterstock

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


The Supreme Court on Wednesday blocked a lower court order that would have allowed a transgender boy in Virginia to use the boys’ bathroom at his school when he returns for classes in September.

The student in question is 17-year-old named Gavin Grimm who was born female but identifies as male. After he was diagnosed with gender dysphoria in 2014, doctors recommended that he live and be treated like a boy. For about two months, his school allowed him to use the boys’ bathroom, but after receiving complaints from parents, his school board adopted a policy that prevented him from doing so.

23 states are suing the Obama administration over the question of whether trans students should be allowed to use bathrooms corresponding with their gender identity.

On Wednesday, in a 5-3 order, the justices temporarily blocked Grimm from the boys’ bathroom while the Supreme Court considers whether to take up a case concerning the Virginia school board’s policy. If the justices agree to hear the case, it would be the first time the Supreme Court has weighed in on the question of whether trans students should be allowed to use bathrooms corresponding with their gender identity, rather than the sex listed on their birth certificates. Twenty-three states are currently suing the Obama administration over a guidance from the Department of Education that says it’s discriminatory to block transgender kids from bathrooms of their choice.

With help from the American Civil Liberties Union, Grimm sued the Gloucester County school board in June 2015, arguing that its policy blocking him from the boys’ bathroom violated Title IX, a civil rights law that prohibits discrimination on the basis of sex in schools that receive federal funding. Grimm initially lost his case in district court, but in April this year, the 4th Circuit Court of Appeals ruled in his favor, kicking the case back to the district court and urging it to respect the Obama administration’s guidance. The district court then granted an injunction allowing Grimm to use the boys’ bathroom.

In July, the Virginia school board filed an emergency appeal with Chief Justice John Roberts to put the district court case on hold until the justices determine whether they will review the appeals court decision. The school board also asked Roberts for permission to prevent Grimm from using the boys’ bathroom when school resumes, arguing that parents might otherwise pull their kids out of school.

The Supreme Court agreed on both counts. In a concurring statement, Justice Stephen Breyer said he agreed to temporarily block the lower court order as a “courtesy” because the high court was on recess until October. “Granting a stay will preserve the status quo,” he wrote. Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan dissented.

“We are disappointed that the court has issued a stay and that Gavin will have to begin another school year isolated from his peers and stigmatized by the Gloucester County school board just because he’s a boy who is transgender,” ACLU senior staff attorney Joshua Block wrote in a statement. “We remain hopeful that Gavin will ultimately prevail.”

WE'LL BE BLUNT

It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

The short of it: Last year, we had to cut $1 million from our budget so we could have any chance of breaking even by the time our fiscal year ended in June. And despite a huge rally from so many of you leading up to the deadline, we still came up a bit short on the whole. We can’t let that happen again. We have no wiggle room to begin with, and now we have a hole to dig out of.

Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

The upshot: Being able to rally $253,000 in donations over these next few weeks is vitally important simply because it is the number that keeps us right on track, helping make sure we don't end up with a bigger gap than can be filled again, helping us avoid any significant (and knowable) cash-flow crunches for now. We used to be more nonchalant about coming up short this time of year, thinking we can make it by the time June rolls around. Not anymore.

Because the in-depth journalism on underreported beats and unique perspectives on the daily news you turn to Mother Jones for is only possible because readers fund us. Corporations and powerful people with deep pockets will never sustain the type of journalism we exist to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we need readers to show up for us big time—again.

Getting just 10 percent of the people who care enough about our work to be reading this blurb to part with a few bucks would be utterly transformative for us, and that's very much what we need to keep charging hard in this financially uncertain, high-stakes year.

If you can right now, please support the journalism you get from Mother Jones with a donation at whatever amount works for you. And please do it now, before you move on to whatever you're about to do next and think maybe you'll get to it later, because every gift matters and we really need to see a strong response if we're going to raise the $253,000 we need in less than three weeks.

payment methods

WE'LL BE BLUNT

It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

The short of it: Last year, we had to cut $1 million from our budget so we could have any chance of breaking even by the time our fiscal year ended in June. And despite a huge rally from so many of you leading up to the deadline, we still came up a bit short on the whole. We can’t let that happen again. We have no wiggle room to begin with, and now we have a hole to dig out of.

Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

The upshot: Being able to rally $253,000 in donations over these next few weeks is vitally important simply because it is the number that keeps us right on track, helping make sure we don't end up with a bigger gap than can be filled again, helping us avoid any significant (and knowable) cash-flow crunches for now. We used to be more nonchalant about coming up short this time of year, thinking we can make it by the time June rolls around. Not anymore.

Because the in-depth journalism on underreported beats and unique perspectives on the daily news you turn to Mother Jones for is only possible because readers fund us. Corporations and powerful people with deep pockets will never sustain the type of journalism we exist to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we need readers to show up for us big time—again.

Getting just 10 percent of the people who care enough about our work to be reading this blurb to part with a few bucks would be utterly transformative for us, and that's very much what we need to keep charging hard in this financially uncertain, high-stakes year.

If you can right now, please support the journalism you get from Mother Jones with a donation at whatever amount works for you. And please do it now, before you move on to whatever you're about to do next and think maybe you'll get to it later, because every gift matters and we really need to see a strong response if we're going to raise the $253,000 we need in less than three weeks.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate