Thursday, December 3, 2015
SC Attorney General Files Amicus Brief in Transgender Student's Appeal to Use Boys' Bathroom at School
In a suit that we have been following here and here, South Carolina Attorney General Alan Wilson has filed an amicus brief in G.G. v. Gloucester County School Board. The suit’s plaintiff, Gavin Grimm, is a transgender student who sued the school board about its policy that prohibited him from using the boys’ bathroom at Gloucester High School (VA). In September, the Eastern District of Virginia dismissed Grimm’s claim under Title IX. In the appeal to the Fourth Circuit, Attorney General Wilson filed an amicus brief on behalf of Arizona, Mississippi, South Carolina, West Virginia, and the Governors of Maine and North Carolina. The amici’s argument tracks the district court’s finding that Congress defines “sex” in Title IX as biological sex, not gender identity. Amici argue that that if “sex” means gender at birth, Grimm has access to girls' bathrooms and single-stall restrooms that are comparable to ones provided for boys, and thus, Grimm has no claim under Title IX. Although Grimm's driver's license identifies him as male, amici argue that because "G.G. has two X chromosomes," "female sexual and reproductive organs, and lacks the male sexual and reproductive organs," he should be considered biologically female and therefore was properly prohibited from using his school’s bathrooms designated for males. The Attorney General's brief can be viewed here.