(WB) The American Civil Liberties Union has amended a federal lawsuit it filed on behalf of a transgender student who challenged his Virginia school district’s bathroom policy.

The ACLU in an Aug. 11 press release noted it has filed a motion with the U.S. District Court for the Eastern District of Virginia in Newport News that requests the withdrawal of Gavin Grimm’s request for an immediate injunction against the Gloucester County School Board’s policy prohibiting students from using bathrooms and locker rooms that don’t correspond with their “biological gender.”

Grimm graduated from Gloucester County High School in June.

The ACLU in its press release said its decision to amend Grimm’s lawsuit paves the way for a “more permanent injunction halting” the implementation of the bathroom policy. It also noted the amended lawsuit will allow the ACLU to seek “nominal damage claims” on Grimm’s behalf.

The U.S. Supreme Court was scheduled to hear oral arguments in the Grimm case on March 28. The justices remanded it to the 4th U.S. Circuit Court of Appeals after President Trump rescinded guidance to public schools that said Title IX of the Education Amendments of 1972 requires them to allow trans students to use restrooms based on their gender identity.

The 4th Circuit earlier this month sent Grimm’s case back to the lower federal court.

“We believe that today’s filing represents the most efficient path forward to ensuring that justice is served for Gavin,” said Josh Block, a senior staff attorney with the ACLU’s LGBT and HIV Project, in the ACLU press release. “Gavin graduated from high school before his simple request to his school board to treat him like every other boy could be validated, but this case is far from over. We’ll continue to move forward so that Gavin’s rights are vindicated and so that we can ensure that no other transgender students in Gloucester County have to go through what Gavin went through.”

Grimm in the ACLU press release said the “fight to have our rights and dignity respected as trans people didn’t end just because I graduated from high school.”

“I am in this for the long haul,” he said. “I remain hopeful that my case will help make sure that other transgender students are able to attend school safely and without discrimination.”


— Michael K. Lavers, Washington Blade courtesy of the National LGBTQ Media Association.