A federal judge said the Gloucester County school board’s policy violated Grimm’s rights.
pandemic, is reviewing a decision last summer by U.S. District Judge Arenda L. Wright Allen. The judge rejected the school system’s claim that allowing transgender students to use bathrooms matching their gender identities caused privacy concerns for other students.
“The perpetuation of harm to a child stemming from unconstitutional conduct cannot be allowed to stand,” Allen wrote in her decision, which declared that Grimm’s rights were violated “on the day the policy was first issued” and until he left Gloucester High, in Hampton Roads.Grimm’s lawyer, Joshua Block, of the American Civil Liberties Union, told the court in advance of argument that even though Grimm has graduated, the discrimination continues.
“I think it is unfair that a high school that put me through so much is able to wield that much negative influence over my adult life,” Grimm is quoted as saying in court filings. School board attorneys told the court that the restroom policy is lawful in that it accommodated Grimm while considering the privacy concerns of other students and their parents. Grimm’s claims, they say, are no longer valid because he has graduated.“All students may use both the restroom and locker room facilities that correspond with their biological sex or one of three single-stall restrooms available for any student,” according to the school board, represented by attorney David P. Corrigan.
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