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Q: Skip in Skip x Embed x Share CLOSE The justices will hear the case of a transgender teen who filed a lawsuit against his Virginia school district so he could use the boys' bathroom. Newslook 
  
 Gavin Grimm poses on his front porch in Gloucester, Virginia, in August. His lawsuit over a school district's refusal to let him use the boys' bathroom has reached the Supreme Court. (Photo: Steve Helber, AP) 
  
 WASHINGTON -- The Supreme Court agreed Friday to take up the controversial issue of transgender rights, instantly transforming what had loomed as a holding-pattern term with only eight justices into one featuring another major social policy issue. 
  
 The justices will consider a Virginia school district's challenge to Obama administration guidelines requiring that schools allow transgender students to use restrooms matching their chosen gender, rather than birth gender. 
  
 A federal appeals court ruled in April for high school student Gavin Grimm in one of several lawsuits challenging the Department of Education rule. The justices could have sidestepped the issue pending action by other appellate courts but decided to wade in now. The case is likely to be heard by April and decided by late June. 
  
 While the focus of the case is on discrimination in education, the court's ruling could have a major impact on other forms of bias against transgender men and women, such as in employment, said Shannon Minter, legal director of the National Center for Lesbian Rights. 
  
 "For transgender people, the stakes of this case are incredibly high," Minter, a transgender man, said. "Whatever the court rules in Grimm may ensure that transgender people are accepted and included as equal members of our society, or it may relegate them to outsiders for decades to come." 
  
 Grimm, a 17-year-old high school senior in Gloucester County, Virginia, identified as a boy several years ago and eventually sought to use the boys' bathroom in school. He is represented by the American Civil Liberties Union, whose legal director, Steven Shapiro, had said, “We want to get it resolved for his benefit as fast as we can.” 
  
 Ironically, though, Grimm's opportunity to set a nationwide standard for transgender students will work against his own wishes during his senior year. That's because the Supreme Court in August blocked his victory at the U.S. Court of Appeals for the 4th Circuit from taking effect while it considered the school board's petition. Had the high court turned down the case, Grimm would have won boys' bathroom rights immediately. 
  
 “I was disappointed but not discouraged,” Grimm said in a conference call Friday evening. “I’m looking forward to using my platform ... so that hopefully in the future, no other kids are going to have to go through this.” 
  
 In a statement issued by the American Civil Liberties Union earlier, Grimm said, “I never thought that my restroom use would ever turn into any kind of national debate. The only thing I ever asked for was the right to be treated like everyone else." 
  
 Twenty-three states, including North Carolina and Texas, have challenged the administration's right to interpret its own regulations without legislative action or judicial review. And several conservative justices have argued in the past that agencies have no such power. The court refused Friday to take up that broader issue as part of Grimm's case. 
  
 By agreeing to hear the case now, the justices likely are hoping that a ninth colleague will be confirmed by the time the case is heard. But with Senate Republicans blocking President Obama's nomination of federal appeals court Judge Merrick Garland, that is far from guaranteed. 
  
 If the court goes forward with only eight justices, it could produce a tie vote that leaves the lower court's decision intact. That would be a victory for Grimm and the ACLU, but without national precedent. 
  
 The battle over so-called bathroom bills has played out in many states as conservative lawmakers seek to force students to use facilities that correspond to their gender at birth, and transgender students fight for the right to follow their gender identity. 
  
 The Supreme Court was urged to weigh in on the issue of transgender bathrooms. (Photo: Elaine Thompson, AP) 
  
 Grimm's case is based on the Constitution’s guarantee of equal protection as well as Title IX, a federal law that bars sex discrimination in education. The Education Department invoked that law when issuing its guidelines in May, threatening federal enforcement -- including the loss of federal education funds. 
  
 Kyle Duncan, the lawyer for the Gloucester County School Board, argued in court papers that under Title IX, "our nation’s schools have structured their facilities and programs around the idea that in certain intimate settings, men and women may be separated 'to afford members of each sex privacy from the other sex.'" The appeals court's ruling "turns that longstanding expectation upside down," he said. 
  
 The Virginia lawsuit had been decided by two federal courts by the time the administration weighed in. Since then, about two dozen states have filed suit against the guidelines. 
  
 In August, a federal judge in Texas sided with school districts opposed to the directive, preventing the Education Department from implementing its guidance nationwide. Judge Reed O'Connor said federal agencies exceeded their authority under the 1972 law banning sex discrimination in schools. That case is now pending before another federal appeals court. 
  
 Without Supreme Court intervention, school districts in the 4th Circuit -- which includes Virginia, Maryland, North Carolina, South Carolina and West Virginia -- would be bound by the appeals court ruling in Grimm's favor, while all other school districts would be bound by the Texas judge's decision blocking the administration policy. 
  
 The Gloucester County School Board's appeal has garnered broad support from conservatives, including 20 states, 114 members of Congress, and former Education Secretary William Bennett, who argued that under Title IX the term "sex" refers to an "immutable physiological characteristic, not an individual's self-reported 'internal sense of gender.'" 
  
 But Sarah Warbelow, legal director at the Human Rights Campaign, the nation's largest gay rights organization, said 18 states already allow transgender people to use facilities consistent with their gender identity without problems. 
  
 “The Supreme Court’s ultimate decision in this case will have a profound impact on transgender youth across the country,” Warbelow said. 
  
 Read or Share this story: http://usat.ly/2eVMtH7 ||||| WASHINGTON (AP) — The Supreme Court will take up the case of a Virginia school board that wants to prevent a transgender teenager from using the boys' bathroom at his high school. 
  
 The justices said Friday they will hear the appeal from the Gloucester County school board sometime next year. The high court's order means that student Gavin Grimm will not be able to use the boys' bathroom in the meantime. 
  
 A lower court had ordered the school board to accommodate Grimm, but the justices in August put that order on hold while they considered whether to hear the appeal. 
  
 Grimm is a 17-year-old high school senior. ||||| 17-year-old student Gavin Grimm, a transgender male, was banned from using the men's restroom by the Gloucester County School Board. A Supreme Court stay now prevents Grimm from using the facility while justices decide whether to hear the case. (McKenna Ewen,Adriana Usero/The Washington Post) 
  
 17-year-old student Gavin Grimm, a transgender male, was banned from using the men's restroom by the Gloucester County School Board. A Supreme Court stay now prevents Grimm from using the facility while justices decide whether to hear the case. (McKenna Ewen,Adriana Usero/The Washington Post) 
  
 Gavin Grimm is a senior at Gloucester High School in Virginia. 
  
 This op-ed has been updated to reflect the news that the Supreme Court will take up Grimm’s case. 
  
 If you told me two years ago that the Supreme Court was going to have to approve whether I could use the school restroom, I would have thought you were joking. 
  
 In the fall of 2014, I began my sophomore year at Gloucester High School in Virginia. At the end of the previous school year, after years of stress and anxiety, I had finally come out to my family as transgender. Over the summer, with the guidance of medical professionals and the support of my family, I legally changed my name and was finally able to live authentically as a boy in all aspects of my daily life. 
  
 I was excited about starting the new school year. Before school started, my mother and I met with the high school principal and guidance counselor, and they were understanding and supportive. I was a little nervous about how other kids would react, but I was more concerned about turning in my homework assignments, which tended to magically disappear as a result of my sometimes poor organizational skills. 
  
 At first, I used the nurse’s office restroom, but after a couple of weeks the long trips back and forth felt stigmatizing and unnecessary. I was using men’s restrooms in restaurants and shopping malls, so I told the principal I would like to use the boys’ restrooms at school, too. I thought then, perhaps naively, that this common-sense “issue” would be resolved quietly and privately, as it should have been. 
  
 If only. Even though I used the restrooms for almost two months without any disturbance, a group of parents and community members heard that “a girl” was using the boys’ restroom and began complaining. Instead of supporting me and the decision of the school administrators, the school board convened two public meetings, inviting the community to discuss my genitals and restroom usage in front of reporters and television cameras. 
  
 I continue to suffer daily because of the school board’s decision to make my bathroom use a matter of public debate. 
  
 After the public discussion, the school board passed a new policy to stop me from using the same bathrooms as other kids. The policy says students with “gender identity issues” can’t use the restrooms that match the gender they live every day. Instead, the school board said I should go back to using the nurse’s office or use a new “unisex” single-stall restroom so that no one else would have their privacy invaded by using the same restroom as me. It was humiliating and painful. 
  
 I feel the humiliation every time I need to use the restroom and every minute I try to “hold it” in the hopes of avoiding the long walk to the nurse’s office. And the humiliation can come when I least expect it. 
  
 Just a few weeks ago I was sitting with my friends at the high school football game and having fun — until I needed to take a restroom break. The stadium did not have the option of a single-stall restroom, and the main school building was locked. Suddenly a night out with my friends was marred by the realization that someone was going to have to take me to a gas station if I needed to use the restroom. Every day brings that little bit of extra planning and that nagging feeling that someone is going to find a new way to single me out. 
  
 What keeps me going is the knowledge that I am not the only transgender student out there, and I have the chance to make things better so other transgender kids do not have to go through what I am going through. With each step, my potential for positive impact has increased. First within my school district. Then within the federal courts, where a U.S. District Court ruling in my favor was stayed by the Supreme Court. And now, with the Supreme Court deciding Friday to take on the case itself, that impact could now potentially resonate across the nation. 
  
 I did not choose to announce to the news media that I am transgender. My school board made that decision for me. But now that I am visible, I want to use my position to help the country see transgender people like me as real people just living our lives. We are not perverse. We are not broken. We are not sick. We are not freaks. We cannot change who we are. Our gender identities are as innate as anyone else’s. 
  
 I hope the justices of the Supreme Court can see me and the rest of the transgender community for who we are — just people — and rule accordingly. |||||
A:
Eight justices or no, the Supreme Court will tackle another major social issue after it announced Friday it will hear the case of a transgender teen who wants to use the men's restroom at his Virginia high school, the AP reports. In the Washington Post, 17-year-old Gavin Grimm says he used the men's room at his school for months after coming out as transgender until the school board got wind of it and held two "humiliating and painful" public meetings "to discuss my genitals and restroom usage." After the Gloucester County school board banned Grimm from using the men's room, Grimm won a court case to allow him to use the restroom that matches his gender identity, USA Today reports. But the Supreme Court put the lower court's decision on hold last summer and will hear the case next year, likely reaching a decision by June. The justices' decision to hear the case means Grimm won't be able to use the men's room during his senior year of high school, but he says he's willing to sacrifice if it means helping transgender students around the country. "I hope the justices of the Supreme Court can see me and the rest of the transgender community for who we are—just people—and rule accordingly," he says in the Post. “The Supreme Court’s ultimate decision in this case will have a profound impact on transgender youth across the country,” the Human Rights Campaign's legal director tells USA Today.