Capping litigation that began in 2015, a three-judge panel of the Richmond-based U.S. Court of Appeals for the 4th Circuit ruled by a vote of 2-1 on August 26 that the Gloucester County (Virginia) School Board violated the statutory and constitutional rights of Gavin Grimm, a transgender boy, when it denied him the use of boys’ restrooms at Gloucester County High School. Grimm v. Gloucester County School Board, 2020 U.S. App. LEXIS 27234, 2020 … <Read More>
U.S. Court of Appeals for the 4th Circuit
Virginia Federal District Court to Determine Whether Gavin Grimm Case is Moot
On August 2, the Richmond-based 4th Circuit Court of Appeals announced that instead of holding oral argument in Gavin Grimm’s lawsuit challenging the Gloucester County School Board’s bathroom access policy, it was sending the case back to the district court for a determination whether Grimm’s recent graduation from high school made the case moot. Grimm v. Gloucester County School Board, 2017 U.S. App. LEXIS 14158. The three-judge panel had tentatively scheduled an oral … <Read More>
Supreme Court May Consider Whether Federal Law Already Outlaws Sexual Orientation Discrimination
Lambda Legal has announced that it will petition the Supreme Court to decide whether Title VII of the Civil Rights Act of 1964, which bans employment discrimination because of sex, also bans discrimination because of sexual orientation. Lambda made the announcement on July 6, when the U.S. Court of Appeals for the 11th Circuit, based in Atlanta, announced that the full circuit court would not reconsider a decision by a three-judge panel that had … <Read More>
Supreme Court Will Hear Title IX Transgender Discrimination Case and Case Challenging Social Media Restrictions on Sex Offenders
Supreme Court Will Hear Title IX Transgender Discrimination Case and Case Challenging Social Media Restrictions on Sex Offenders
The Supreme Court substantially enlivened its docket for the October 2016 Term on October 28 when it granted petitions for certiorari in Gloucester County School Board v. G.G., No. 16-273, and Packingham v. North Carolina, No. 15-1194. In Gloucester, a school district in Virginia, obligated not to discriminate because of sex under Title IX … <Read More>
4th Circuit Votes to Strike Down Virginia’s Ban on Same-Sex Marriages
A three-judge panel of the U.S. Court of Appeals for the 4th Circuit voted 2-1 to declare Virginia’s ban on same-sex marriage unconstitutional. The opinion for the court issued on July 28 in Bostic v. Schaefer, 2014 U.S. App. LEXIS 14298, 2014 WL 3702493, did not go into immediate effect. The court’s rules give the defendants up to two weeks to file a motion for rehearing or en banc review, or to file a notice … <Read More>
4th Circuit Panel Holds Oral Argument in Virginia Marriage Cases
A panel of three judges of the Richmond-based U.S. Court of Appeals for the 4th Circuit conducted oral arguments on May 13 in Bostic v. Schaefer, an appeal by two county clerks of a district court decision that held Virginia’s ban on same-sex marriage unconstitutional. The 4th Circuit had previously granted intervenor status on the appeal to the plaintiffs in another pending marriage case, Harris v. Rainey, so both pending federal court challenges to the … <Read More>