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Virginia school board takes trans bathroom case to Supreme Court

There are also court cases pending over a North Carolina law that requires transgender people to use public bathrooms corresponding to the sex on their birth certificate.

Grimm was born female but identifies as male. He was allowed to use the boys restrooms at the school for several weeks in 2014. But after some parents complained, the school board adopted a policy requiring students to use either the restroom that corresponds with their biological gender or a private, single-stall restroom.

Grimm sued the school board, arguing that it violated federal education discrimination laws by forbidding him from using the boys bathroom.

The 4th Circuit Court of Appeals sided with Grimm in April, saying the federal judge who previously rejected Grimm’s Title IX discrimination claim ignored a U.S. Department of Education rule that transgender students in public schools must be allowed to use restrooms that correspond with their gender identity. The court reinstated Grimm’s Title IX claim and sent it back to the district court for further consideration.

The school board wants the Supreme Court to put Grimm’s district court case on hold until the justices decide whether to review the appeals court decision. The board says it plans to file its petition for Supreme Court review by late August.

Chief Justice Roberts can act on the school board’s request alone or ask the full court to consider it. If he chooses the latter, the school board must convince five justices to be successful.

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Associated Press writer Mark Sherman in Washington contributed to this report.

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