In a case that could be a major legal blow for North Carolina’s newly-enacted HB2, a federal appeals court today ruled in favor of transgender male student who challenged his Virginia high school’s restroom policy.
Gloucester High School student Gavin Grimm filed suit over a policy that segregates transgender students from their peers by requiring them to use ‘alternative, private’ facilities.
The US Court of Appeals for the Fourth Circuit determined that Title IX – the federal law that bans discrimination on the basis of gender in public schools – protects the rights of transgender students to use sex segregated facilities that are consistent with their gender identity.
North Carolina is in the Fourth District and its HB2, signed into law last week, forces transgender people to use the restroom of gender they were assigned at birth instead of what they identify as in schools and other government buildings.
‘Today’s ruling makes plain that North Carolina’s House Bill 2 violates Title IX by discriminating against transgender students and forcing them to use the wrong restroom at school,’ the American Civil Liberties Union, ACLU of North Carolina, and Lambda Legal said in a joint statement.
‘This mean-spirited law not only encourages discrimination and endangers transgender students – it puts at risk billions of dollars in federal funds that North Carolina receives for secondary and post-secondary schools.’
The groups are calling on North Carolina Governor Pat McCrory and state lawmakers to repeal the new law.
Tennessee this week pulled a similar bill from consideration because of the Title IX implications.