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Supreme Court won't hear case on bathroom ban

In this Nov. 5, 2020 file photo, The Supreme Court is seen in Washington.

WASHINGTON — The U.S. Supreme Court on Monday rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban, handing a victory to transgender rights groups and a former high school student who fought in court for six years to overturn the ban.

Gavin Grimm, now 22, tweeted: “We5 won. Honored to have been part of this victory.”

Grimm was a 15-year-old student at Gloucester High School when he was banned from using the boys bathroom. The Gloucester County School Board’s policy required Grimm to use restrooms that corresponded with his biological sex — female — or private bathrooms.

The Supreme Court left in place lower court rulings that found the policy unconstitutional. Justices Samuel Alito and Clarence Thomas voted to hear the board’s appeal.

In its petition asking the Supreme Court to hear the case, the school board argued that its bathroom policy poses a “pressing federal question of national importance.”

The board argued previously that federal laws protect against discrimination based on sex, not gender identity. Because Grimm had not undergone sex-reassignment surgery and still had female genitalia, the board’s position has been that he remained anatomically a female.

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