Transgender bathroom fight to reach Supreme Court
The case involves a Virginia high school student born a girl but who now identifies as male.
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The Gloucester County School Board has lost its fight in lower courts to prevent Gavin Grimm, 17, from using the boys’ bathroom while litigation continues.
The board is expected to file an emergency application with the Supreme Court on Wednesday seeking to block a lower court’s injunction requiring it to allow Grimm to use the boys’ bathroom, according to Kyle Duncan, one of the school board’s lawyers.
The move comes after a federal appeals court on Tuesday refused to put the injunction on hold.
The school board is expected to ask Chief Justice John Roberts, who has responsibility for emergency actions that arise from the regional federal appeals court that covers Virginia, to grant a stay of the injunction. Roberts could act alone or refer the matter to all eight justices. Five votes are need to grant a stay application.
The American Civil Liberties Union had sued on behalf of Grimm to challenge the school board’s bathroom policy, which requires transgender students to use alternative restroom facilities.
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