The American Civil Liberties Union (ACLU) filed an amended complaint on behalf of Gavin Grimm, a female teen who identifies as a transgender boy. Grimm’s lawsuit previously sought a preliminary injunction which would allow Grimm to use sex-segregated facilities reserved for male students at Gloucester High School in Virginia. According to the ACLU, “Gavin graduated from high school in June. Rather than continuing to wait for a ruling on his request for a preliminary injunction (which was filed more than two years ago), we’re moving forward with his claim for damages and his demand to end the anti-trans policy permanently.”
The amended complaint alleges discrimination on the basis of transgender status in violation of the Equal Protection Clause of the Fourteenth Amendment (claiming “Transgender people as a class exhibit immutable or distinguishing characteristics that define them as a discrete group”) and discrimination “on the basis of sex” under Title IX of the Education Amendments of 1972.
Grimm is seeking a declaration that the Board’s policy violated, and continues to violate “Gavin’s rights under the Fourteenth Amendment to the United States Constitution and Title IX of the Education Amendments of 1972,” nominal damages, reasonable attorneys’ fees, and “A permanent injunction requiring the Board to allow Gavin to use the same restrooms as other male alumni.”