Trans Teen Returns to Virginia School as Supreme Court Considers Bathroom Access

The court is likely to decide whether to review an appeal in the fall.

ByABC News
September 6, 2016, 1:14 PM

— -- Students returned to school in Gloucester, Virginia, on Tuesday under a cloud of uncertainty, as the state awaits a decision from the U.S. Supreme Court regarding transgender bathroom access.

Gloucester faces scrutiny as Virginians await word from the Supreme Court on a suit filed by Gloucester High School senior Gavin Grimm.

Grimm, a transgender student, sued the school board over its policy requiring students to use restrooms corresponding to their assigned sex at birth or a private, single-stall restroom. A series of appeals eventually brought the issue to the highest court in the land.

Today Grimm will not be permitted to use the same restroom as his male classmates, although he started living his life as a boy several years ago, he said.

The Supreme Court agreed in August to allow the Gloucester County School Board to stop Grimm from using the boys' bathroom — at least until the justices decide whether to examine an appeals court ruling on the case. Of the eight justices currently serving on the Supreme Court, four must agree to review Grimm's case for it to go forward.

The Associate Press reported that the decision about whether to review Grimm's case would likely be made in the fall.

Should it go forward, it would help bring one of the most fiercely debated cultural issues of 2016 closer to legal settlement and affect many transgender students beyond Grimm.

The Associated Press reported today that Grimm said he did not anticipate his case would rise to the national level and he called the attention being paid to him in school a "burden."

"I've been bullied all my life," he told the AP. "I have a lot of things here that I'd like to distance myself from."

But he stressed the discomfort he feels in being made to use the girls' bathroom.

Grimm received permission to use the boys' restroom at the high school in 2014 for several weeks, after informing the school about his transition.

Then in December 2014 the school board adopted its current policy, in response to parents' complaints. The board voted 6-1 in favor of the new policy, according to public meeting minutes posted online.

The Gloucester County School Board did not immediately respond to a request for comment from ABC News regarding the case.

Claire Gastañaga, the executive director of the ACLU Virginia, which represents Grimm, told ABC News that she is "disappointed" by the fight the school board has waged against her client and suggested that it "caved to pressure from parents" without giving appropriate consideration to his feelings.

"Gavin has a right to be free from discrimination," Gastañaga told ABC News.

She said the ACLU expects the Supreme Court to review the case this fall.

ABC News' Julia Jacobo and The Associated Press contributed to this report.

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