This Supreme Court Case Could Affect Trans Lives for Generations

In a new video featuring ACLU client Gavin Grimm and his mom Deirdre Grimm, the two reflect on Gavin’s fight to be treated with dignity and respect by his school board in Gloucester County, Virginia — a journey that has taken them all the way to the Supreme Court of the United States where his case will be heard on March 28.

Gavin is a 17-year-old boy. But because he is transgender, his school board passed a policy barring him from sharing facilities with the rest of his peers. Rather than use the boys’ restroom that all other boys use, Gavin is forced into a converted utility closet or another, separate, stigmatized space every time he needs to use the restroom during the day. 

This decision to segregate and stigmatize Gavin was not the school’s initial reaction to learning he was transgender.

Before the start of his sophomore year, Gavin and his parents informed the school that Gavin is a boy and that, consistent with his medical treatment, needed to be treated as a boy for all purposes, including when using the restroom. The principal and others at Gavin’s school agreed. As educators, they likely recognized the critical importance of showing all kids that their school is on their side and won’t model and authorize bullying of kids who may be seen by their peers as different.

Consistent with the principal’s recommendations, Gavin was fully integrated into the school community and used the boys’ restroom like the rest of his male peers for two months without any issues. As far as Gavin knows, his peers never complained; the faculty never complained; the administrators at the school never complained. Every one treated it like the non-issue it was, and Gavin was accepted and integrated into the school community. For the first time in his life, he felt like he was living as his authentic self.

It wasn’t until adults in the community began to complain to the Gloucester County School Board that his restroom use became the subject of public controversy. With pressure from residents of Gloucester County — some of whom threatened to vote members of the school board out of office if they did not expel Gavin from the boys’ restroom — the Gloucester County School Board passed a policy barring kids with “gender identity issues” from restrooms that matched their gender. This meant that Gavin was banished from the restrooms that his peers used, publicly humiliated before his community, and essentially told he was unfit to be an equal member of his school.

Challenging the board’s policy as a deprivation of his rights to equal educational opportunities under federal law and his constitutional right to equal protection, Gavin filed a lawsuit at the end of his sophomore year. Now in his senior year, Gavin has spent his entire high school career fighting just to be treated like any other boy. He has endured public mockery and rejection. He has listened to adults shame him and his body, compare him to a dog, and call him a freak. And through it all, he has persisted in believing that he is deserving of dignity, humanity, and respect even in the face of opposition to his very existence. Imagine the fortitude and resilience it would take to navigate high school under these conditions.  Gavin is a model of bravery and will be remembered as a hero in the fight for justice for trans people.

Now, Gavin’s case has reached the Supreme Court, and the justices are poised to decide the scope of legal protections for Gavin and transgender people across the country.

Though often framed as a “restroom case,” this case is about so much more, and the stakes could not be higher. The court’s decision will impact the lives of hundreds of thousands of transgender people across the country.

If transgender people are not protected under the law, if we cannot safely go to restrooms that match who we are, then we cannot have jobs, we cannot go to school, we cannot participate in public life. That is what is at stake.

Reflecting on her son’s case, Gavin’s mom explains:

“I didn’t even know what transgender was when this all started. One of the first things I read was that almost 50 percent of these kids try to commit suicide. As a parent, that is all you really need to know to support your child.”

That’s all any of us should need to know to support kids like Gavin. 

This case will affect trans people for generations, and we need to stand together between now and March 28 and show the court that we will not accept rolling back the clock on progress and decency.

We have been here before. In 1986, the Supreme Court upheld criminal bans on sexual activity between consenting adults of the same sex in Bowers v. Hardwick. “None of the [constitutional] rights announced in [our precedent] bears any resemblance to … claimed constitutional right of homosexuals to engage in acts of sodomy,” wrote Justice Byron White. “No connection between family, marriage, or procreation on the one hand and homosexual activity on the other has been demonstrated.” The decision was a blow to the dignity, humanity, and, indeed, the very survival of the LGBT community.

In 2013, Justice Anthony Kennedy, writing for the majority in Lawrence v. Texas, invalidated the Bowers’ decision. “Bowers was not correct when it was decided, and it is not correct today,” he wrote. “It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.”

But for 17 years, that wrongly decided case justified sweeping, legally sanctioned discrimination against gay, lesbian, and bisexual people. It affected a generation or more of people who struggled to navigate a society that justified the criminalization of the very essence of who we are as people.

Now the court is considering another case that could authorize legally sanctioned discrimination for decades. Opponents of trans people are urging that the rights trans people demand are so far outside of what the law protects — that we are freaks, that we seek special rights, that our bodies are incompatible with society. None of that is true. We seek simply to be protected from discrimination and afforded the same dignity and rights of our peers and colleagues.

We have heard this all before. It was wrong it 1986, and it is wrong today.

Let’s not repeat our mistakes. Let’s #StandWithGavin.  

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Anonymous

We stand with you. Also, FYI Lawrence v Texas was 2003. Article currently has it as 2013.

Anonymous

I am an old white male who is amazed at what appears to be a growing incidence of transgendered people. From what I have seen with families with whom I have been professionally involved, the gender dysphoria has nothing to do with a history of sexual victemization and the transgendered pose no more risk to others than anyone else other than to shake someone's uninformed preconceptions. These kids need understanding, acceptance, and love, values and actions taught and practiced by Jesus. They also deserve to have their legal rights.

kate

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Anonymous

I'm so sick of this!!! This is not a civil rights issue and pandering to get more contributions is sickening. With everything that's going on today, bombing, wars, murder, homelessness, global warming, medical loss for so many and the list goes on; this case does not rank as important. It absolutely should not be a Supreme Court issue and to use our countries highest court for such a frivolous case is unsettling. Our nations courts are filled with cases and much more important than a girl who identifies as a boy when can't use a certain bathroom. Is this a ploy to get money or notoriety? Is it that hard to just use the bathroom for which "body parts" you still have? However, you have to fight it to the highest courts and keep it going in the media because as of now it's a juicy story. What happens when this is forgotten and it's on to the next story? So sick of this LGBT being shoved down our throats. If my child identified as a different sex, fine, swell but I would not want them to gain this kind of attention for something so frivolous that will be forgotten in the months to come. Is this so you can sue the school, get a lump sum and get a sex change operation? Or are you simply going to "identify" as a man but still urinate through your vagin-? Stop wasting our already full courts on stupid issues, they already got involved to give the LGBT people their marriage laws and still that's not enough! Who cares who you love or who you feel you are!! Move on with your life and stop making it a national event. I'm sure there are more parents worried about the safety of our children in schools rather than where they can pee!!

Anonymous

This is about these children, not you. It is a civil rights issue. No one to my knowledge has asked you to contribute to it. Nothing is being taken away from you.

Anonymous

I have a statement to make. Im a 55 year old hermaphrodite female who holds a original certificate of live birth that says female. On my medical records I have a male penis plus overies and actual real breast not implants. I've lived in this world 55 years and im respected no diffent then any other woman and all the laws apply the same to me as to all other women includeing using the regler female bathroom no diffent then any other woman. I also have a life and go to church every Sunday and was even baptized and I'm not transgender I'm legally born hermaphrodite female but all the laws and medical recognize me as female. I am legally and medically backed
up under all the state and federal laws. What gender do you think I should live and respect? Being im not legally and medicaly recognized as a male. Do I defi my original certificate of live birth or do I live and respect that as my legal born binding gender? Or do I defi it? Being who I am I date men not women the same as every normal woman and no my male counter part dose not work so im sexless as a male. My body dose not produce any male hormones and that is why that part dose not function sexualy.. Think about this because for me this is cisgendered not gay, bi or homo because I live and respect my legal born binding gender. I might be a hermaphrodite female but I still respect my gender of female and for who I am and it certainly does not make me gay for respecting my binding gender. And the answer to my surgery for correcting this issue to match my binding birth gender is no I will not have surgery but I will respect my gender for who I am no matter what

Anonymous

This is my binding born gender female even if I have all the parts male and female. And yes hermaphrodites do exist and they certainly are not transgender they're born with one extra part not biologically meant to have and it's a very rare case but I still will not have surgery and yet at the same time I still respect my legal born binding gender for how listed at birth

Anonymous

:)

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