The United States filed an amicus brief in support of the Title IX claim. Gavin appealed the injunction denial and the dismissal of the Title IX claim to the United States Court of Appeals for the Fourth Circuit, and the school board sought affirmation of the lower court’s rulings and a dismissal of the Equal Protection claim on which the district court had not yet ruled. The district court for the Eastern District of Virginia denied Gavin’s request for an injunction and dismissed his Title IX claim, but did not rule on the school board’s motion to dismiss the Equal Protection claim. Brief for Respondent at 10, Gloucester School Board v. Gavin also sought an injunction allowing him to use the boys’ restroom pending trial.
The 14th Amendment forbids states from "deny to any person within its jurisdiction the equal protection of the laws.” U.S. of Education Office for Civil Rights, Title IX and Sex Discrimination (visited Mar. Title IX prohibits federally funded education programs from sex discrimination. The American Civil Liberties Union (“ACLU”) and the Virginia ACLU sued the school board on behalf of Gavin in June 2015 for violating Title IX of the Education Amendments Act of 1972 (“Title IX”) and the Equal Protection Clause of the United States Constitution. Brief for Respondent at 5, Gloucester School Board v. Community members subsequently spoke out against Gavin, and after a movement by various groups that demanded school board intervention, the Gloucester County School Board barred Gavin from using the boys’ restroom and instead gave him access to the restroom in the nurse’s office and single-stall restrooms for males and females. The school principal gave Gavin permission to use the boys’ bathroom and Gavin did that for seven weeks. According to the American Psychological Association, gender dysphoria is characterized by, among other things, a “marked incongruence between one’s experienced/expressed gender and primary and/or secondary sex characteristics.” APA, What Is Gender Dysphoria? (visited Mar. He had been diagnosed with gender dysphoria, and on the advice of his psychologist, began living as a boy in every respect, including using male restrooms in all public venues. Gavin is a transgender high school student in Gloucester, Virginia, who sought permission to use the boys’ bathroom in August 2014, just before his sophomore year. Gavin Grimm’s story is at the forefront of transgender bathroom issues.
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