Update on Gavin Grimm

By Adria Lynn Silva on August 22, 2019

 

Earlier this month, a federal district court judge in Virginia ruled that the Gloucester County School Board violated Grimm’s rights under Title IX of the Education Amendments of 1972 (Title IX) when it refused to allow Grimm, a former student in the district, to use the bathroom of the gender he identified with rather than the bathroom of the gender of his birth.

The issue of whether discrimination based on gender identity is a form of sex discrimination covered by Title IX has not been settled as district courts across the country have made rulings, as in the Grimm case, holding that gender identity discrimination is a form of sex discrimination covered under Title IX while other courts have reached the opposite conclusion.

In addition to gender identity, the issues of sexual orientation and sexual identity as a form of sex discrimination under Title IX is equally unsettled. See i.e., Videckis v. Pepperdine University.