We previously reported that the United States Supreme Court vacated the Fourth Circuit’s judgment in the G.G. case and remanded the case back to the Fourth Circuit for a new decision.
On April 7, 2017, the United States Court of Appeals vacated the preliminary injunction in the G.G. v. Gloucester County School Board case, thereby vacating G.G.’s right to use the male restrooms at his high school. For the short remainder of his high school career, G.G. will not be able to use the male restrooms at the high school and will instead be required to use the female restrooms or gender neutral restrooms consistent with the decision of the board of education.
Notably, Senior Circuit Judge Davis wrote a concurring opinion stating, “Our country has a long and ignominious history of discriminating against our most vulnerable and powerless. We have an equally long history, however, of brave individuals—Dred Scott, Fred Korematsu, Linda Brown, Mildred and Richard Loving, Edie Windsor, and Jim Obergefell, to name just a few—who refused to accept quietly the injustices that were perpetuated against them…Today, G.G. adds his name to the list of plaintiffs whose struggle for justice has been delayed and rebuffed…”
Senior Circuit Judge Davis predicts, in his opinion, that “G.G.’s journey is delayed but not finished.” As always, HLERK will follow and report on the developments in this area of the law.
For your questions on transgender students, please contact Michelle Todd or Kaitlin Atlas.