A federal appeals court dealt a major victory today for proponents of transgender rights, ruling that it is unconstitutional and a violation of Title IX for schools to bar students from using the bathroom that matches their gender identity
The 4th Circuit again ruled in favor of Grimm in a 2-1 decision,. The two Obama appointees on the appeals panel sided with Grimm, with a dissenting opinion from an appointee of George H.W. Bush.
, said that the Civil Rights Act of 1964’s prohibition of workplace discrimination “on the basis of sex” also protects employees against discrimination based on their gender identity or sexual orientation. “We are left without doubt that the Board acted to protect cisgender boys from Gavin’s mere presence — a special kind of discrimination against a child that he will no doubt carry with him for life,” Ford wrote, adding that the school’s policy was based on hypothetical fears and prejudice.
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