RICHMOND, Va. — The U.S. Court of Appeals for the Fourth Circuit will hear oral arguments today in G.G. v. Gloucester County School Board, a student privacy case that concerns an attempt by the ACLU and the Obama administration to force a Virginia school district to let a girl use the boys’ bathroom.
The plaintiff in the case is 16 year-old Gavin Grimm, a girl who currently identifies herself as a “male.” Grimm—with the help of the ACLU—is challenging a December 2014 decision by the Gloucester County School Board that barred her from using the boys’ bathroom. On September 4, 2015, Grimm’s motion for preliminary injunction was denied by U.S. District Judge Robert G. Doumar.
In October of last year, the Obama administration filed a friend-of-the-court brief in support of Grimm, arguing that the school district should be forced to let her use the restroom of her choice.
In November, the governors of Maine and North Carolina added their names to a friend-of-the-court brief filed by South Carolina’s Attorney General. The brief defends the Virginia school district’s restroom policy, which offers transgender students the option of a single-stall, unisex restroom.
In a statement, NC Gov. Pat McCrory said the outcome of the Virginia case would definitely affect North Carolina schools.
“A decision favoring the Obama Administration in the federal Fourth Circuit Court of Appeals would be binding on all North Carolina school districts,” McCrory said.
Matt Sharp, an attorney for Alliance Defending Freedom (ADF), said in a December interview that the key question before the Fourth Circuit is simple.
“Are schools required to allow transgender students to use whatever bathroom they want, or are schools going to retain the authority to impose common sense rules when it comes to bathroom access,” Sharp said.
ADF also filed a friend-of-court brief supporting the Virginia school district’s restroom policy.
A ruling from the court is not expected for several weeks.
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The North Carolina Family Council contributed to this report.