NCLR Statement on G.G. Case Being Sent Back to Fourth Circuit
(Washington D.C., March 6, 2017) — Today the Supreme Court returned the case G.G. v. Gloucester County School Board to the Fourth Circuit Court of Appeal for reconsideration in light of recent changed guidance from the Department of Education. This case was brought by Virginia student Gavin Grimm, who is transgender, seeking protection under federal law from discrimination by his school district.
Statement from NCLR’s Legal Director, Shannon Minter, Esq.:
“The Supreme Court’s decision to send the Gavin Grimm case back to the Fourth Circuit is not surprising, given the change in the Department of Education’s position, and it should not be seen as sending a negative message in any way. While it would have been great for the Court to resolve this issue now, the Court is almost always reluctant to weigh in before the lower courts have had a full opportunity to address an issue. We are optimistic the Fourth Circuit will reach the right result, as virtually every other court to consider the issue has done.
And even though the Supreme Court will not be hearing the case, the huge outpouring of support for Gavin in friend-of-the-court briefs was historic and sends a powerful message about the depth and breadth of support for transgender students from businesses, schools, legal scholars, medical professionals, women’s groups, civil rights groups, families, bar associations, and others.
Title IX still fully protects transgender students. Any student who is having any difficulties at school should reach out to us or another LGBT legal group for help. The future for transgender youth remains bright, despite setbacks from the new administration, the gains we have made will continue to grow.”