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Constitutional Rights & the Public’s Health

Grimm v. Gloucester County School Board

Overview

Grimm v. Gloucester County School Board (Supreme Court of the United States, June 28, 2021): The U.S. Supreme Court left intact a 4th Circuit Court of Appeals decision finding that a Gloucester County, Virginia School Board policy requiring transgender students to use multi-stalled, single-sex bathrooms that differ from their gender identities or separate single-stalled bathrooms violates the Equal Protection Clause of the Fourteenth Amendment and Title IX of the Higher Education Act of 1965. The policy was enacted after the Board received backlash from parents when Grimm, whose assigned birth is female and gender identity is male, began living as a boy during his sophomore year. Specifically, the Board’s policy stated that students may only use restrooms matching their biological gender or choose to use single-stall restrooms if they have gender identity issues. The 4th Circuit held that the policy violated (1) the Equal Protection Clause of the Fourteenth Amendment because it is not substantially related to the important objective of protecting student privacy and (2) Title IX because it unlawfully discriminates against Grimm on the basis of sex. The Supreme Court refused to hear the case, leaving the 4th Circuit decision intact. The Supreme Court denial is here; read the full 4th Circuit decision here.

View all cases in the Judicial Trends in Public Health – September 15, 2021.

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