Supreme Court Will Hear First Transgender Rights Case Next Month

Gavin Grimm is suing his school for the right to use the bathroom matching his gender identity.

The Supreme Court will hear the case of a trans teen denied the right to use facilities matching his gender identity next month, according to a schedule released on Friday.

gavin grimm

The justices will determine whether Gavin Grimm, a 17-year-old student at Gloucester High School in Virginia, is protected by Title IX of the federal Education Amendments Act of 1972, which prohibits discrimination based on sex at publicly funded schools.

Lawyers for the ACLU argue Title IX also applies to discrimination based on gender identity—in April, the U.S. Court of Appeals agreed, but the school district filed an appeal with the Supreme Court.

The district maintain that Title IX’s use of the word “sex” means “nothing more than male and female, under the traditional binary conception of sex consistent with one’s birth or biological sex.”

WASHINGTON, DC - MARCH 29:  The U.S. Supreme Court is shown March 29, 2016 in Washington, DC following the first 4-4 tie in a case before the court. The decision resulted in a victory for unions in a case that challenged the need for public workers to help support unions even if they decline to join the union.  (Photo by Win McNamee/Getty Images)
Win McNamee/Getty Images

Opening arguments are slated for March 28, marking the first time the high court has tackled the issue of transgender rights.

Last week President Trump announced judge Neil Gorsuch as his nominee for the Supreme Court seat vacated by the late Antonin Scalia. With some Democrats vowing to stonewall any Republican nominee, it’s not clear if Gorsuch would be confirmed in time to hear Grimm’s case, if at all.

h/t: LGBTQ Nation

Dan Avery is a writer-editor who focuses on culture, breaking news and LGBT rights. His work has appeared in Newsweek, The New York Times, Time Out New York, The Advocate and elsewhere.