The Gloucester High School sophomore whose request to use boys’ bathrooms led to a policy limiting the facilities available to transgender students is challenging the restriction with a federal civil rights complaint.
The American Civil Liberties Union filed an administrative complaint on behalf of Gavin Grimm with the U.S. Justice and Education departments, saying that the county school system is discriminating on the basis of sex.
The issue is a school policy adopted earlier this month that says transgender students can only use single-stall bathrooms or facilities assigned to their biological gender.
Grimm, who was born a girl, identifies as a boy. At the beginning of the year, he was allowed to use a single-stall restroom at the nurse’s station and some of the staff restrooms.
He received permission to use boys’ restrooms in October, after telling the principal that the earlier arrangement made him feel alienated and isolated.
The ACLU says he did so without generating any complaints before the Gloucester County School Board set its new policy.
“Now that the board has passed this policy, school no longer feels as safe and welcoming as it did before,” Grimm said.
“Being singled out is a glaring reminder of my differences and causes me significant discomfort every time I have to use the restroom.”
In the complaint, ACLU lawyers say Grimm has been isolated and outcast by the new policy.
“The real potential for such harassment is reflected in some of the public comments at the School Board meeting labeling Gavin as a ‘girl’ and a ‘freak,'” the complaint said.
ACLU of Virginia legal director Rebecca Greenberg said courts have repeatedly ruled that discriminating against people on the basis of gender identity is sex discrimination.
“Consigning transgender students to segregated bathrooms prevents them from participating in school activities on an equal basis and causes exclusion and isolation,” she added.
The complaint says transgender bathroom policy violates Title IX, which says students can’t be excluded from school programs or activities on the basis of sex.
It notes that a 2013 Justice Department ruling specifically holds Title IX protects transgender students, while a federal court ruling found it was sexual discrimination when a Maryland company would not let a transgender woman use the women’s bathroom. A Colorado court that year found that keeping a transgender student from using the girl’s bathroom violated a state law against sex discrimination in schools.
The complaint says Gloucester schools are allowed to protect students’ privacy, but cannot do so by singling out transgender students for different treatment.
Gloucester County School Superintendent Walter R. Clemons said he could not comment on the complaint at this time.
The board’s new policy won praise from a group founded by leaders of the Campus Crusade for Christ and Focus on the Family.
“Schools seeking to accommodate the desires of individual children should and can craft policies that respect the privacy concerns of all children,” said Jeremy Tedesco, senior legal counsel with the Alliance Defending Freedom
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, a nonprofit that describes itself as defending the right of people to freely live their faith.“We commend Gloucester County Public Schools for adopting a policy that does just that.”
Ress can be contacted by telephone at 757-247-4535.