Gavin Grimm is a biological female who wanted to use the boys room at school. The case went all the way up to SCOTUS and then kicked back down into Virginia's lower court which ruled that Title IX covers 'gender identity' and 'gender presentation', and said she could use the boys room.
Summation of Judge Allen's ruling:
Judge Allen held that discrimination based on gender identity falls within the Price Waterhouse v. Hopkins gender stereotyping theory and is, therefore, a per se violation of Title IX of the Education Amendments Act of 1972, as well as a violation of the Equal Protection Clause of the Fourteenth Amendment.
A few days ago, the school district that denied Grimm the use of the boys bathroom filed an appeal and was accepted.
The appeal states that Title IX has nothing to do with gender identity or 'gender presentation'. Title IX is about discrimination of the basis of SEX.
The appeal was accepted and filed. Now we await more arguments.
Here is the actual appeal arguing that Title IX is about sex, not gender identity.
www.documentcloud.org/documents/4500161-Order-Certifying-Interlocutory-Appeal-Grimm-v.html
In an article about the appeal:
Grimm’s sex assigned at birth was female. He began his gender transition in 2012 when he was a 15-year-old sophomore at Gloucester County High School. He used the boys’ bathroom without incident during his transition
Grimm was not assigned female. She IS female. She was BORN female. Also, her bathroom usage was challenged. That's why this in in court.
I just thought I'd include that snippet from a publication to show how reporting of this topic is so horribly done.
Here is the article link where I got the snippet:
www.jdsupra.com/legalnews/here-we-go-again-transgender-bathroom-87055/