Virginia school district asks supreme court to delay transgender bathroom case

Student Gavin Grimm, who was barred from using the boys' bathroom at his local high school in Gloucester County, Virginia, U.S. is seen in an undated photo. Grimm was born a female but identifies as a male. | Crystal Cooper/ACLU of Virgina/Handout via REUTERS

A school district is asking the Supreme Court to postpone a case filed by a transgender student who wants to use the boy's restroom in his school. The oral arguments are scheduled to be heard on March 28.

Gavin Grimm, who was born a female but identify as male, filed a lawsuit against the Gloucester County School Board in 2015, alleging that its policy barring him from the boys' restroom violated his rights.

Last June, a federal court ordered the school board to grant Grimm access to a restroom that corresponds with his gender identity, consistent with a ruling from the Fourth Circuit Court of Appeals. However, the school board appealed the case to the Supreme Court of the United States. The high court halted the order in August, allowing the school policy to remain in place.

The appeals court ruling was based on the Obama administration's transgender directive to schools, which threatened to revoke federal funding from districts that kept boys and girls separated by biological sex in traditionally single-sex facilities.

President Donald Trump's administration revoked the policy, promising to implement a replacement order soon.

An attorney for the school board sent a letter to the court, asking it to wait for the Trump administration to make its policy clear. However, the letter noted that a clarification from the White House could take time as it is still in transition mode.

"The reasons given for rescinding the [transgender directive] only reinforce the school board's points," the letter stated, as reported by World.

Grimm's attorneys said that they also want the issue resolved sooner rather than later. "Delaying resolution of that question will only lead to further harm, confusion, and protracted litigation for transgender students and school districts across the country," said Joshua Block, an attorney with the American Civil Liberties Union.

Many conservatives are hoping that Neil Gorsuch, Trump's Supreme Court nominee, would be confirmed in time to hear the case. Gorsuch's confirmation hearing is set to begin on March 20.

On Thursday, Human Rights Campaign announced that 53 U.S. companies have joined a "friend of court" brief in support of Grimm.

"These companies are sending a powerful message to transgender children and their families that America's leading businesses have their backs," said HRC President Chad Griffin.

"Transgender students like Gavin are entitled to the full protection of the law, and must be affirmed, respected and protected in the classroom and beyond." he added.

Companies joining the brief include Apple, Dropbox, IBM, Intel, Kickstarter, Microsoft, Paypal, Spotify, Tumblr, Twitter, Yahoo, Yelp and Zendesk.