This Court Decision in the Gavin Grimm Case Will Bring Tears to Your Eyes

On April 7th, the Fourth Circuit overturned Gavin Grimm's win from last year, based on the Supreme Court's decision last month not to hear the case. Gavin had won the right to use the boys' restroom on the same terms as other boys but the school district appealed his win. The Fourth Circuit will now hear oral argument later this year to determine whether Title IX protects transgender students independently of any federal guidance on the issue one way or the other. Two of the three judges that considered Gavin's case, Senior Judge Andre Davis joined by Judge Henry Floyd, issued this moving opinion noting that Gavin's "journey is delayed but not finished" and recognizing Gavin's important role in the history of movements for justice.

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I concur in the order granting the unopposed motion to vacate the district court’s preliminary injunction and add these observations.

G.G., then a fifteen-year-old transgender boy, addressed the Gloucester County School Board on November 11, 2014, to explain why he was not a danger to other students. He explained that he had used the boys’ bathroom in public places throughout Gloucester County and had never had a confrontation. He explained that he is a person worthy of dignity and privacy. He explained why it is humiliating to be segregated from the general population. He knew, intuitively, what the law has in recent decades acknowledged: the perpetuation of stereotypes is one of many forms of invidious discrimination. And so he hoped that his heartfelt explanation would help the powerful adults in his community come to understand what his adolescent peers already did. G.G. clearly and eloquently attested that he was not a predator, but a boy, despite the fact that he did not conform to some people’s idea about who is a boy. 

Regrettably, a majority of the School Board was unpersuaded. And so we come to this moment. High school graduation looms and, by this court’s order vacating the preliminary injunction, G.G.’s banishment from the boys’ restroom becomes an enduring feature of his high school experience. Would that courtesies extended to others had been extended to G.G.

Our country has a long and ignominious history of discriminating against our most vulnerable and powerless. We have an equally long history, however, of brave individuals—Dred Scott, Fred Korematsu, Linda Brown, Mildred and Richard Loving, Edie Windsor, and Jim Obergefell, to name just a few—who refused to accept quietly the injustices that were perpetuated against them. It is unsurprising, of course, that the burden of confronting and remedying injustice falls on the shoulders of the oppressed. These individuals looked to the federal courts to vindicate their claims to human dignity, but as the names listed above make clear, the judiciary’s response has been decidedly mixed. Today, G.G. adds his name to the list of plaintiffs whose struggle for justice has been delayed and rebuffed; as Dr. King reminded us, however, “the arc of the moral universe is long, but it bends toward justice.” G.G.’s journey is delayed but not finished.

G.G.’s case is about much more than bathrooms. It’s about a boy asking his school to treat him just like any other boy. It’s about protecting the rights of transgender people in public spaces and not forcing them to exist on the margins. It’s about governmental validation of the existence and experiences of transgender people, as well as the simple recognition of their humanity. His case is part of a larger movement that is redefining and broadening the scope of civil and human rights so that they extend to a vulnerable group that has traditionally been unrecognized, unrepresented, and unprotected.

G.G.’s plight has shown us the inequities that arise when the government organizes society by outdated constructs like biological sex and gender. Fortunately, the law eventually catches up to the lived facts of people; indeed, the record shows that the 4 Commonwealth of Virginia has now recorded a birth certificate for G.G. that designates his sex as male.

G.G.’s lawsuit also has demonstrated that some entities will not protect the rights of others unless compelled to do so. Today, hatred, intolerance, and discrimination persist — and are sometimes even promoted — but by challenging unjust policies rooted in invidious discrimination, G.G. takes his place among other modern-day human rights leaders who strive to ensure that, one day, equality will prevail, and that the core dignity of every one of our brothers and sisters is respected by lawmakers and others who wield power over their lives.

G.G. is and will be famous, and justifiably so. But he is not “famous” in the hollowed-out Hollywood sense of the term. He is famous for the reasons celebrated by the renowned Palestinian-American poet Naomi Shehab Nye, in her extraordinary poem, Famous. Despite his youth and the formidable power of those arrayed against him at every stage of these proceedings, “[he] never forgot what [he] could do.” Judge Floyd has authorized me to state that he joins in the views expressed herein.

See N. S. Nye, Famous:

The river is famous to the fish.

The loud voice is famous to silence,
which knew it would inherit the earth
before anybody said so.

The cat sleeping on the fence is famous to the birds
watching him from the birdhouse.

The tear is famous, briefly, to the cheek.

The idea you carry close to your bosom
is famous to your bosom.

The boot is famous to the earth,
more famous than the dress shoe,
which is famous only to floors.

The bent photograph is famous to the one who carries it
and not at all famous to the one who is pictured.

I want to be famous to shuffling men
who smile while crossing streets,
sticky children in grocery lines,
famous as the one who smiled back.

I want to be famous in the way a pulley is famous,
or a buttonhole, not because it did anything spectacular,
but because it never forgot what it could do.

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Anonymous

I spoke on June 20, 2016 to Cliff Kincaid because of columns he wrote here http://www.renewamerica.com/columns/kincaid/160618 here http://www.renewamerica.com/columns/kincaid/160615 & http://www.renewamerica.com/columns/kincaid/160618

Now Cliff in the past, has talked of how most media is pro-gay, fact that many gays & lesbians were victims of pedophiles as kids which ruined their sexuality with in worse cases, turning out to be gay/lesbian pedophiles, fact that gays & lesbians are more likely to be drug junkies, sell drugs as here’s an article Cliff Kincaid wrote in 2015 http://www.aim.org/aim-column/exposing-hollywood-pedophiles/ In 2010, Cliff Kincaid wrote a column where among other things discusses higher drug junkyism rates of gays & lesbians here http://www.conservativetruth.org/article.php?id=1890

I called Cliff on June 20, 2016 telling him that I wouldn’t be surprised if 1 or more of Orlando victims were drug dealers & or gay pedophiles. I told Cliff Kincaid as I have said here-while mass murder is wrong, that doesn’t mean martyr the victims because if a drug dealer is murdered, we punish the murderer, but we don’t martyr the drug dealer. Cliff Kincaid asked on how do we know there were drug dealers & that 49 innocent people were killed. I told Cliff Kincaid the fact that many gays & lesbians were victims of pedophiles, that many gays & lesbians are drug junkies along with fact that gay/lesbian bars are known to sell drugs like Extasy, Meth, Cocaine, etc. & that ugly facts don’t change just because people were murdered.

Cliff Kincaid hung up, because he can’t rebut. I think Cliff Kincaid was dishonest as for years, Cliff Kincaid has talked about this but on June 20, 2016, he hangs up when these facts are said. It’s possible that drugs such as Meth, Extasy & Cocaine were sold @ the Orlando gay pub as pubs are known to get drug dealers. Possible that 1 or more of the Orlando victims were as kids victims of gay/lesbian pedophiles which ruined their sexuality & don’t be surprised if 1 or more of the Orlando victims themselves turned out to be pedophiles by copying conduct they learned.

I don’t think Mr. Cliff Kincaid is surprised by this. I don’t think Cliff Kincaid’s honest when he told me that 49 victims were innocent, as he also did in 1 column. I again told Cliff Kincaid that mass murder is wrong, but that we must not martyr the murder victims because getting murdered doesn’t change ugly facts about the victim. Cliff Kincaid’s reply to me was dishonest & he hung up because he can’t rebut what I said or what he has said for years in his interviews with Peter J. LaBarbera or his columns where Cliff Kincaid talked of high drug junkyism rates that gays & lesbians have, etc.

Anonymous

Who people like doesn't fucking matter. It doesn't affect you. Anything you say about Orlando is an irrelevant side issue; people there were murdered. You disrespectful fuck.

The cause of someone's sexuality doesn't mean we should treat them with less respect than anyone else. If I, a straight male, chose to be gay tomorrow (even though that's not how it works) I would hope that I could have the same rights and respect as anyone else.

Stop trying to come up with reasons for why people are the way they are and just accept them for who they are now. Straight people do drugs. Straight people have been molested. So have gay people. Care for the present person; stop trying to explain how they got there in an attempt to de-legitimize them. Life's a lot easier that way. And it makes you look like less of an asshole.

Anonymous

Even the pro-gay sites Huffington Post & Queerty admit that gays, lesbians & transexuals (mutilated gays/lesbians) are more likely to be drug junkies as you can see these 3 links http://www.huffingtonpost.com/entry/why-do-gay-men-do-crystal-meth_us_57... https://www.queerty.com/whats-behind-the-enduring-allure-of-crystal-meth... & https://www.dnainfo.com/new-york/20160201/west-village/meth-is-overlooke...

What the Huffington Post & Queerty links omit are violent crimes gays, lesbians & transexuals commit while high on drugs.

-If the gay (some cases lesbian) is high on drugs such as cocaine & or meth while committing indecent exposure, stalking, etc., then the homosexual can commit a more violent crime incl. murder in a drug rage after committing indecent exposure. Stalking, indecent exposure, etc. may not be the only crime which the homosexual intends esp. if he is high on drugs. Think you know that when gays & lesbians commit sex abuse, the first thing they do is commit indecent exposure, grab a person’s genitals against will before doing something more violent.

I would rather have a case where a jury decides if a man’s reaction to bashing or killing a homosexual is justified or excess vs. the man doesn’t do enough and the gay does something worse. Most men and boys who are victims of gays usu. won’t call cops to report that a gay is committing indecent exposure, harassment or in worst cases molestation until some1 reacts violently and bashes the gay.

Anonymous

Metthew Wayne Shepard (1976-1998) was not the innocent as he has been portrayed by Laramie Project or films like Shepard is a Friend of Mine. Metthew Wayne Shepard was a junky who assoc. with drug dealers in both Colorado & Wyoming, was possibly a drug dealer himself (Methew Wayne Shepard could also possibly have been a drug courier or a lookout) & when he was 15 years old, he was arrested for molesting 2 boys & he got counseling by Natrona County Juvenile Court for molesting 2 boys.

Since Book of Matt was released in 2013, others have verified main things of Stephen Jimenez's book-that AJ McKinney & Methew W. Shepard were acquaintances & the fact Methew W. Shepard assoc. with drug dealers in Wyoming & Colorado.

I haven’t plead his 2 killers cases other than say that the 2nd man R.A. Henderson should have gotten a jury trial & a jury should have decided what to convict him on. Prosecutor could argue why it’s Murder 1, defense can argue why it’s lesser charge of 2nd Degree Murder or Manslaughter & then jury decides-that is as far as I go with his case is saying he should have gotten a jury trial. R.A. Henderson’s case should be reviewed again on appeal because he wanted a jury trial.

I don't know why the murder happened & I don't know if Methew W. Shepard was a drug dealer which is why I say possible drug dealer-Methew W. Shepard could also have been a courier or lookout. Methew W. Shepard was a child molester because he had been a victim of homosexual child molestation & repeated the molestation as a 15 year old boy when he molested 8 year old boys. Stephen Jimenez possibly read Methew W. Shepard's subpoenaed psychological/medical records, where Methew W. Shepard talks about why he molested the 8 year old boys by copying the conduct he learned from being molested as a boy. I wouldn't be shocked if Methew W. Shepard molested more children than the 2 which were reported.

after Methew W. Shepard's murder, most people who knew ugly facts about him were shy as they don't want to sound rude by talking poorly of dead-families of the 8 year old boys who Methew W. Shepard molested were shy because they likely guessed the same thing. In few cases where people tried to tell ugly facts about Methew W. Shepard, the journalists ignored them or they were condemned for talking bad about the dead. Witnesses who spoke to Stephen Jimenez likely thought that because Stephen Jimenez is a gay journalist, that they can tell ugly facts about Methew W. Shepard w/o being condemned.

Judy & Dennis W. Shepard push 'queero worship' of Methew W. Shepard for years. They have gone to schools to speak being invited by teachers & kids have posed for pictures with Dennis & Judy Shepard. Many of the pro-gay teachers won't tolerate students giving facts which offend them & if a student were to say to Dennis & Judy Shepard that Methew W. Shepard's a child molester, drug junky & possible drug dealer, they could get punished by teacher.

The teachers support free speech right for students to pose for pictures with Dennis & Judy Shepard-the parents of a dead child molester, drug junky & possible drug dealer but they oppose free speech right for students to say ugly facts. There have been cases over students getting punished by teachers for giving views against homosexuality which offended the pro-gay teachers.

Dennis & Judy Shepard hope that people who agree with them reinforce them while those who differ be shy or if they speak censor them. If Dennis & Judy Shepard are invited to speak @ a school, then kids should have a right to tell ugly facts about Methew W. Shepard though Dennis & Judy hate it.

Anonymous

Posters have been offended by me saying that it wouldn’t surprise me if 1 or more of the Orlando victims were pedophiles & or drug dealers. They’re offended because I think they know it’s possible but hate that I raise this because people were murdered & wounded in this shooting. I don’t omit ugly facts because something bad as getting murdered happened. Though posters know this, here’s why it wouldn’t be surprising if it turns out if 1 or more of the victims were gay pedophiles & or drug dealers. The life of gays & lesbians (though not always) often have bad childhood such as fact that many gays & lesbians were victims of gay/lesbian pedophiles as kids.

1. People who are victims of same sex pedophilia are more likely to turn out gay/lesbian in adulthood, copying the sexual behavior they learned. In worse cases, victims of gay/lesbian pedophiles turn out to be gay/lesbian pedophiles in adulthood. This is esp. true for gay men & wouldn’t surprise me if it turns out 1 or more of the gay men killed in Orlando had been as a boy molested by gay pedophiles such as gay Catholic priests which caused them to repeat sexual conduct they learned from their abuse & possibly even turn out to be gay pedophiles.

2. People who are victims of gay/lesbian pedophiles along with being more likely to turn out gay/lesbian are also more likely to have problems such as depression, drug junkyism & drunkardism. They’re more likely to use drugs such as Meth, Cocaine & Extasy. In some cases, junkies can sell drugs along with using them or be a drug courier or lookout for drug dealers for money. In pubs, drugs are often sold & pubs are known to get drunkards, junkies & drug dealers.

Now I know this offends people with posters telling me how I’m trashing people who aren’t here to defend themselves. But ugly facts don’t change because some1 is murdered & it wouldn’t surprise me if 1 or more of the victims were pedophiles & or drug junkies + drug dealers because again, many gays & lesbians were victims of gay/lesbian pedophiles which ruined their sexuality & people who are victimized like this are more likely to turn out gay/lesbian in adulthood incl. turn out to be gay/lesbian pedophiles & more likely to be drug junkies incl. in some cases, sell drugs. Think the offended posters know this but hate that I’m not shy & raise this.

Anonymous

People are offended by me saying that possibly 1 or more of the Orlando victims were pedophiles & or drug dealers. In gay/lesbian pubs-drugs like Meth, Extasy are sold as drug junkyism high among them. With pedophilia, many gays were molested as children which ruined their sexuality & some even turn out to be pedophiles. I wouldn’t be surprised if it turns out 1 or more of the Orlando victims were pedophiles & or drug dealers. Mass murder is wrong but that doesn’t mean worship the victims. Gay/lesbian groups worship gay pedophile Harvey B. Milk. Now I support free speech right for homosexuals to martyr or worship Harvey B. Milk & I support their free speech right to have rainbow flag.

But gay/lesbian groups have pushed Harvey B. Milk day on others such as Harvey.B. Milk day in schools where school kids worship a gay pedophile & that is wrong. Gay/lesbian groups also try to censor others who tell ugly truths on who Harvey B. Milk & other gay pedophiles were. I wouldn’t be surprised if some of the Orlando victims thought it’s OK to push H.B. Milk day in schools & I wouldn’t be surprised if some of the Orlando victims were apologists for gay/lesbian pedophilia. While most gays & lesbians are not pedophiles, gays & lesbians are more likely to support pedophilia when it’s gay/lesbian as gay groups or their friends such as Shepard Foundation’s JC Marsden, Judy L. Shepard, Big Island Chronicle Tiffany Camille Edwards Hunt, etc. support gay pedophile Methew Wayne Shepard. It’s no surprise that Shepard Foundation’s JC Marsden & Judy L. Shepard also supports gay pedophile H.B. Milk incl. pushing Harvey B. Milk day on schoolkids. No, not all gays & lesbians support pedophilia but honestly, gays & lesbians are more likely to tolerate pedophilia when it’s gay/lesbian. Big Island Chronicle Tiffany Camille Hunt abuses her 2 children so Big Island Chronicle Tiffany Camille Hunt thinks child abuse is OK.

Trisha Crabb

No, we are offended because you hide your hateful and idiotic comments behind an anonymous moniker and clog up the comment strings with utter and complete nonsense.

Diogenes

Remember: arguments of the mind, and not ad hominem attacks, are the way to elevate the conversation. The challenge in this case is first one of logistics, and then one of states rights. The logistics challenge is how do you keep individuals that would fake being transgender, or are transvestites (obsessed with the opposite sex) that wish to observe people for prurient reasons? We can't easily identify those that naturally identify with the opposite sex from those who will fake identifying with the opposite sex for the wrong reasons. Second, the left (and the ACLU) need to stop using the courts to impose their theology (The Church of Global Warming; Our Lady of Frequent Abortions; Mosques for Gay Marriage) and allow individual states to pass these laws, demonstrate that there is no damage, and over time gain the hearts and minds of the population. Abortion, resolved as a states rights issue, would by now be legal in 45+ of the states with no risk of being turned back. There may have been a few state holdouts, but over time, the supremacy of the pro choice argument would have won out. Legislating from the bench (court decisions) sow discontent. Court decisions can be overturned or changed. Laws, reflecting the will of the people, last longer.

Anonymous

As a supporter of equal rights for everyone - including the LBGT community - maybe the ACLU could win these freedoms coming from a different angle?

What about litigating for equal privacy standards in public accomodations using the Civil Rights Act for: Men's restrooms vs. Women's restrooms? many Men's restrooms have 20-30 urinals on a single wall next to one another without sufficient privacy walls between users while Women's restrooms have far more privacy.

Just requiring equal privacy standards or unisex bathrooms would help ease the frightened little men afraid of bogeymen in the bathroom. The homophobes and haters would no longer have a legal case.

Anonymous

Please don't feed the trolls.

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