In the Eastern Federal District of Virginia - Grimm v. Gloucester County School Board
If you have been following with interest, like I have, the news out of Hillsboro, MO this past week you may find the attached court filing by the United States interesting. This filing states the interest of the United States in a civil lawsuit between Gavin Grimm and the Gloucester County School Board regarding the desire of Grimm, a transgender student, to use the restroom of Grimm’s chosen sex of male while in public school.
On Monday July 27th the judge in this case dismissed Grimm’s Title IX claim of discrimination, but is allowing a 14th Amendment equal protection argument to proceed. The judge also gave the impression that Grimm’s request for an injunction, which would allow Grimm to use the male restroom while the case goes to trial, would be denied.
Judge Doumar’s reported commentary regarding his reasoning for the dismissal of Grimm’s Title IX claim cuts right to the heart of this controversy.
Doumar stated Title IX already allowed for the segregation of sexes based on locker and restroom facilitates for both male and female students. This leads me to believe Doumar views Grimm’s sex as Grimm’s biological, not chosen, sex.
“I have no problem with transgender. I have a lot of problems with sex,” said Doumar. “I am convinced he (Grimm) is a biological female who wants to be a male.”
Judge Doumar also expressed concern about the right to privacy of other students. “My biggest problem is with the remainder of the population and of other children,” said Doumar. “I am concerned about the rights of privacy.”
Eventually the federal courts are going to have to create precedent by interpreting Title IX in how it applies to a person’s chosen sex as well as to the person’s biological sex. (The word ‘chosen’ in this context is a point of contention because some would argue Grimm is not choosing to be transgender.) Until this happens, I think we are going a see a growing number of conflicts similar to what we witnessed in Hillsboro last week.
I have also attached a New York Times story about this issue for your convenience by clicking here.
