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WASHINGTON — A case challenging the Obama administration's interpretation of existing civil rights laws as providing protections from discrimination for transgender people will be headed to the Supreme Court this summer.
The Virginia school board that passed a policy restricting students to restrooms reflecting their "biological gender" announced in a filing on Tuesday that it will be asking the U.S. Supreme Court to review a case brought against the policy by a transgender student.
Gavin Grimm sued the Gloucester County School Board over the policy, backed by lawyers from the ACLU, claiming, among other arguments, that the policy violates Title IX of the Education Amendments of 1972. The Obama administration has told school districts repeatedly that Title IX's sex discrimination protections include protections against anti-transgender discrimination. At the appeals court level, the Justice Department weighed in on Grimm's behalf.
In mid-April, a three-judge panel of the 4th Circuit Court of Appeals ruled in a 2-1 decision that "the [Education] Department’s interpretation of its own regulation ... as it relates to restroom access by transgender individuals, is entitled to … deference and is to be accorded controlling weight in this case."
The 4th Circuit announced in late May that it would not be reviewing its earlier ruling upholding the administration's interpretation of Title IX of the Education Amendments of 1972 to include protections for transgender students.
On Tuesday, lawyers for the school board wrote in a filing at the 4th Circuit, "The School Board intends to file a petition for writ of certiorari with the United States Supreme Court within ninety (90) days of this Court’s entry of judgment."
As such, the lawyers are asking the appeals court to put its ruling on hold while the petition to the Supreme Court is pending. A stay would keep the case on hold — and the Gloucester County School Board's policy in place — while the Supreme Court decides whether to hear the case.
The filing notes that the ACLU opposes the stay request.
Read the filing:
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