The Conversation

Federal Judge Won't Allow Title IX Argument in Transgender Teen School Restroom Case

A transgender teen is facing an uphill battle as his legal team's main argument was thrown out by a federal judge on Monday. Gavin Grimm, from Virginia, is suing the board of his high school for sex discrimination because he isn't allowed to use the boy's restroom during school, despite the fact that he has been able to utilize men's restrooms in other public places without consequence. Federal District Judge Doumar granted the case a trial, saying that he "believes the case should be heard." However, he won't allow Title IX, a landmark decision that prohibits discrimination based on sex by public schools that receive federal funding, to be used as part of Grimm's defense. The news is surprising, as the U.S. Department of Justice was present specifically to fight for Grimm on the grounds of Title IX. "I have no problem with transgender. I have a lot of problems with sex," said Judge Doumar in court. "I am convinced he is a biological female who wants to be a male." Grimm's case was originally a nonissue for the Gloucester School Board, who granted him permission to use the men's restroom first in December 2014 but later reversed its decision

A transgender teen is facing an uphill battle as his legal team's main argument was thrown out by a federal judge on Monday. Gavin Grimm, from Virginia, is suing the board of his high school for sex discrimination because he isn't allowed to use the boy's restroom during school, despite the fact that he has been able to utilize men's restrooms in other public places without consequence.

Federal District Judge Doumar granted the case a trial, saying that he "believes the case should be heard." However, he won't allow Title IX, a landmark decision that prohibits discrimination based on sex by public schools that receive federal funding, to be used as part of Grimm's defense. The news is surprising, as the U.S. Department of Justice was present specifically to fight for Grimm on the grounds of Title IX.

"I have no problem with transgender. I have a lot of problems with sex," said Judge Doumar in court. "I am convinced he is a biological female who wants to be a male."

Grimm's case was originally a nonissue for the Gloucester School Board, who granted him permission to use the men's restroom first in December 2014 but later reversed its decision and said Grimm could utilize either one of the unisex restrooms or the women's restroom. The reversal of the decision upset Grimm so much he often refused to go to the restroom during school hours at all and contracted several urinary-tract infections as a result of his emotional distress.

"I just want to use the restroom in peace," Grimm said in a statement quoted by The Washington Post. "Since the school board passed this policy, I feel singled out and humiliated every time I need to use the restroom."

In addition to picking up special interest from the Department of Justice, the ACLU has taken on representation of Grimm, so this trial is definitely one to watch when it comes to the fight for transgender rights.