Judge: School board can try to appeal Gavin Grimm lawsuit

Gavin Grimm_298076

FILE This Tuesday Aug. 25, 2015 file photo shows Gavin Grimm on his front porch during an interview at his home in Gloucester, Va. A U.S. appeals court has overturned a policy barring a transgender student from using the boys’ restrooms at his Virginia high school. A three-judge panel of the 4th U.S. Circuit Court […]

NORFOLK, Va. (AP) — A Virginia school board’s transgender bathroom ban is one step away from being reviewed by a federal appeals court.

A U.S. District Court judge on Tuesday granted the Gloucester County School Board’s request to ask the 4th U.S. Circuit Court of Appeals to resolve whether the ban is discriminatory. The appeals court in Richmond will decide if it will hear the case.

Former student Gavin Grimm, who is transgender, claims his rights were violated when he was banned from using boys’ bathrooms. The board said it was protecting students’ privacy.

Last month, the U.S. District Court judge sided with Grimm and denied the board’s request to dismiss the case.

The board then argued that the appeals court should weigh in before the case proceeded any further. Grimm’s lawyers agreed.

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