Court of Appeals for the Fourth Circuit affirmed the ruling in favor of Gavin on August 26, 2020. District Court for the Eastern District of Virginia ruled in favor of Gavin on all his claims. After four years of litigation-including a trip to the Supreme Court and back– the U.S. Education Amendments of 1972, a federal law prohibiting sex discrimination by schools. Represented by the ACLU and ACLU of Virginia, Gavin sued his school board for discriminating against him in violation of the Equal Protection Clause and Title IX of the U.S. As a result, whenever Gavin was required to provide a transcript to colleges or potential employers, he had to provide a transcript that identified him as “female.”
card listing his sex as male, underwent chest reconstruction surgery, obtained a court order legally changing his sex to male under Virginia law, and received a new Virginia birth certificate reflecting that his sex is male.Įven after graduation, the school Board continued discriminating against Gavin by refusing to provide him with a transcript that matches the “male” sex designation on his birth certificate. The Board continued to exclude Gavin even after he began receiving hormone therapy (which altered his bone and muscle structure, deepened his voice, and caused him to grow facial hair), obtained a Virginia state I.D. That degrading and stigmatizing policy singled Gavin out as unfit to use the same restrooms as every other student.
Throughout the rest of high school, Gavin was forced to use separate restrooms that no other student was required to use. The new policy directed Gavin to an “alternative appropriate private facility” instead. When Gavin Grimm came out to his school as a boy who is transgender, his school board adopted a discriminatory new prohibiting boys and girls “with gender identity issues” from using the same common restrooms as other boys and girls.
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