Part of lawsuit on school transgender bathroom policy tossed

Gavin Grimm

Gavin Grimm WVEC

Gavin GrimmWVEC

Gavin Grimm

NORFOLK, Va. — A judge in Virginia has dismissed part of a lawsuit filed by a transgender student barred from using the boys’ bathrooms at his high school.

The Daily Press reports (http://bit.ly/1KukEPk ) that U.S. District Judge Robert Doumar also said Monday that it’s “highly unlikely” that he will grant a preliminary injunction requiring Gloucester County school officials to allow 16-year-old Gavin Grimm to use the boys’ facilities this fall. Doumar said he will issue a written opinion on the injunction later.

A policy adopted in December requires Grimm, who was born female but lives as a male, to use either the girls’ restrooms or a private facility.

Doumar tossed Grimm’s claim that the policy violates federal discrimination law. Still to be decided is whether it violates the U.S. Constitution’s equal protection clause.

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