Gov. McCrory files brief to reverse Gloucester transgender restroom policy case

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GLOUCESTER, Va. – North Carolina Governor Pat McCrory has filed a brief to reverse a decision regarding a transgender Gloucester High School student.

North Carolina is part of the fourth circuit, which heard this case in Virginia.

In April, the U.S. Court of Appeals for the Fourth Circuit ruled in favor of a transgender Gloucester High School student Gavin Grimm in his challenge to the school’s restroom policy.

In 2015, Gloucester County School Board enforced a policy that requires transgender students to use a separate restroom from their peers.

The American Civil Liberties Union and the ACLU of Virginia brought the case in June 2015 seeking a preliminary injunction so that Gavin may use the boys’ restroom when school resumed for his junior year. In September, U.S. District Judge Robert Doumar ruled against Gavin by dismissing his Title IX claim but allowed his case, under the Equal Protection claim, to proceed.

On Tuesday, the Fourth Circuit remanded the case for the district court to reevaluate Gavin’s request for a preliminary injunction under the proper legal standard.

According to a release from the ACLU, the ruling marks the first time that a federal appeals court determined that Title IX protects the rights of transgender students to use sex segregated facilities that are consistent with their gender identity.