Fourth Circuit Court confirms: Title IX protects trans students from discrimination

In one of the biggest milestones for our community this year, the U.S. Court of Appeals for the Fourth Circuit has ruled in favor of Gavin Grimm, a transgender boy who was barred from using the boys’ restroom at his Virginia high school. Today, the Fourth​ Circuit judges overturned a lower court decision that dismissed Gavin’s Title IX claim and made it clear that trans students who are barred from using the right restroom are protected by Title IX.

The U.S. Department of Education has said that Title IX, which prohibits sex discrimination at schools and colleges, requires schools to treat students according to their gender identity, including by making sure they get access to restrooms consistent with their gender. And so when Gavin’s school board kicked him out of the boys’ restroom—even though he’d been using it for weeks without any problems—he sued them under Title IX. A few months ago, a district court dismissed Gavin’s Title IX claim out of hand without even letting him make his case, based on the mistaken belief that Title IX’s prohibition on sex discrimination didn’t include discrimination against trans people.

The Fourth Circuit corrected that mistake today. It reversed the lower court’s decision and said that Gavin’s Title IX claim should go forward based on the understanding that Title IX makes it illegal for schools to bar trans students from the right restroom.

This decision makes it clearer than ever that restricting trans students’ restroom use is illegal under federal law, and laws like North Carolina’s HB 2 are trumped by Title IX. The decision provides especially critical guidance for schools in North Carolina, which is located in the Fourth Circuit and is bound by this ruling. The court has sent North Carolina schools an important message: following HB 2 is discriminatory, harmful and illegal.

NCTE continues to urge the Department of Education to issue swiftly issue clear guidance to schools nationwide explaining their obligations under Title IX. Federal guidance explaining the issues and the practical requirements of nondiscrimination is essential to ensure equal opportunity for transgender students.

If your school in North Carolina or any other state is denying you or your child access to the right restrooms, it is violating federal law. Show your school the court’s decision and tell them to follow Title IX. You can read the full decision in G.G. v. Gloucester County here.