The 7th Circuit, based in Chicago, ruled in favor of a trans student in a similar case in 2017. On Thursday, the school board agreed to pay $1.3 million for Grimm’s legal costs. The school board appealed to the Supreme Court, but the court decided in June, without comment, that it wouldn’t take up the case. first in 2016 and again in 2020 - ruled in favor of Gavin Grimm, a transgender student who sued the Gloucester County School Board in Virginia over a policy that barred him from using the boys’ restroom. Circuit Court of Appeals, based in Richmond, Va. Where circuit courts standĪn increasing number of circuit courts have ruled in favor of transgender students in similar cases. Given that split, Smith said it’s “possible, even likely” that the Supreme Court would grant certiorari, or accept a petition to review and hear the case should Adams and his lawyers request it. If that happens, circuit courts would be split on whether policies that bar transgender students from the bathrooms that align with their gender identity are constitutional or violate Title IX. Texas, which found sodomy laws unconstitutional in 2003. “Given the theological makeup of the 11th Circuit and given the way that they granted a rehearing here, I would say it’s pretty likely that there is a majority of the justices who will say that the school district has the right to make this decision,” said Paul Smith, a law professor at Georgetown University who also argued the landmark Supreme Court case Lawrence v. Experts said that, given the court's conservative bent, the rehearing probably won’t go in Adams’ favor.
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On Monday, however, the full 11th Circuit Court, based in Atlanta, vacated that ruling in a majority vote, meaning that all 12 judges will now hear the case again.
Judge Beverly Martin, who wrote the majority opinion, agreed. His lawyers argued that the policy violated his rights under Title IX of the Education Amendments of 1972 and the equal protection clause of the 14th Amendment.