GLOUCESTER, Va. — A school board in Virginia that was willing to defend its transgender-bathroom policy all the way to the U.S. Supreme Court may finally give up the fight.
The Gloucester County School Board held a public hearing Tuesday. It discussed the possibility of allowing transgender students to use restrooms that correspond with their gender identity.
The meeting comes just months before a trial is set to begin over the board's current bathroom policy. Former student Gavin Grimm has been suing the board since 2015 for banning him from using boys restrooms.
Grimm is also expanding his case. A federal judge ruled Thursday that Grimm can sue the school board over its refusal to change the gender listed on his high school transcript. The record still lists him as female.
The school board wanted to hear what the public had to say Tuesday night. Dozens of people spoke during the public hearing, and there was mixed reaction.
The school board adopted its current policy in 2014, which says boys use the boys bathroom, girls use the girls bathroom and students with gender identity issues use an alternative private bathroom.
The proposed change would allow transgender students to use the bathroom consistent with their gender identity and when they meet certain criteria, including:
(1) the student has appropriate medical documentation from a licensed, treating healthcare provider who specializes in the treatment of transgender individuals; and (2) the student has consistently asserted the student’s gender identity for a period of at least six months; and (3) the student has undergone treatment recommended by the student’s healthcare provider, which may include social transition or hormonal therapy for at least six months.
Gavin Grimm spoke at the public hearing Tuesday night.
"There is a single right decision and that is full and equal rights," Grimm said.
The attorney for the school board David Corrigan said if the proposed resolution is not adopted the lawsuit against the school board will go forward and the board will lose the opportunity to craft its own policy.