School District Asks Supreme Court to Postpone Transgender Case Grimm v. Gloucester

By Liberty McArtor Published on March 1, 2017

The defendants in Grimm v. Gloucester have asked the Supreme Court to push the oral argument date back by at least a month, the Associated Press reported Wednesday. The Court was scheduled to hear oral arguments on March 28.

Gavin Grimm, a high school student in Gloucester County, Virginia is suing for the right to use the boys’ restroom. Grimm is a biological female who identifies as a male.

Defendants Want Trump to Weight In

The Gloucester County School Board asked the Court to halt consideration of the case so that the new presidential administration has an opportunity to offer input, according to the AP.

Barack Obama was president when Grimm’s complaint was first filed in 2015. In 2016, Obama issued a Dear Colleague letter to public schools around the nation making the same assertion as Grimm: that refusing to allow transgender students to use the restroom opposite their biological sex is the same as sex discrimination per Title IX of the Education Amendments of 1972.

President Donald Trump rescinded Obama’s policy in another Dear Colleague letter last week. Secretary of Education Betsy DeVos said the issue was best left to states and local school districts.

Conservatives Want Gorsuch Confirmed Before Grimm Decided

As The Daily Signal reported last month, many conservatives hope that Neil Gorsuch, a demonstrably right-leaning judge of the U.S. 10th Circuit Court of Appeals and Trump’s Supreme Court nominee, is confirmed in time to hear Grimm. If the Court agrees to the school board’s request, he very well could be β€” his confirmation hearing is set to begin March 20.

As the AP reported, the Supreme Court could hear Grimm’s case in March as planned or postpone it by one month or several. It could also send the case back to a lower court.

Other cases on the issue of transgender bathroom policies are pending in Illinois, Wisconsin, Ohio, North Carolina, Pennsylvania and Texas, according to the AP.

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