Virginia AG argues Grimm is not a shield for Fairfax, Arlington trans locker room policies
FAIRFAX COUNTY, Va. (7News) — Virginia Attorney General Jason Miyares is leading a group of 21 attorneys general from around the nation in filing what’s called an amicus brief to support the U.S. Department of Education’s position that five Northern Virginia school districts —Fairfax, Arlington, Loudoun, Alexandria and Prince William County public schools — are violating Title IX by allowing students to use locker rooms and bathrooms at school based on their chosen gender identity.
“You should not be allowing biological boys in women’s safe private places where they’re in changing areas, in their private locker rooms,” Miyares said.
When the U.S. Department of Education put restrictions on how federal dollars are distributed to those school districts over those policies, Fairfax and Arlington County Public Schools sued. A federal court quickly dismissed the schools’ case, saying that the court did not hold jurisdiction to grant a temporary restraining order and request the court “order the payment of money,” citing previous Supreme Court and Fourth Circuit court cases.
Now, the schools have appealed to the U.S. Court of Appeals for the Fourth Circuit.
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The districts argue their policies exist because of a previous Fourth Circuit ruling in Grimm v. Gloucester County School Board. Fairfax County Public Schools and Arlington County Public Schools filed briefs in support of Grimm when that case was being litigated.
Gavin Grimm, a biological female who identified as a boy in high school, sued Gloucester’s school board to use the boys’ bathroom at school.
The ACLU said Grimm received hormone therapy, had chest reconstruction surgery and obtained a driver’s license and birth certificate, which listed Grimm’s sex as male.
Miyares and the 20 other Attorneys General argue in their filing that the Fourth Circuit decision in Grimm applies only to a particular student and a particular school bathroom policy. They suggest it does not mandate that all schools must follow a broad policy allowing any student who claims to identify as the opposite sex to use private, single sex spaces which do not match their birth gender.
“Grimm was a very specific case for a specific school district in the northern neck, and it only dealt with a specific bathroom situation, did not deal with locker rooms, did not deal with sports teams,” Miyares said. “And so what we found with these school districts, they’re relying on a very narrow case from the Fourth Circuit, while also ignoring U.S. v. Skrmetti that came down earlier this year that also, I think, has really changed the landscape.”
Miyares is also pointing the Fourth Circuit to specific issues with these policies, such as a male student with facial hair, who claims to identify as female, who allegedly stood and watched girls change in the locker room at Fairfax County’s West Springfield High School, and Arlington Public Schools controversial decisions to allow convicted child predator Richard Cox to access girls’ locker rooms in two high schools because he claimed to identify as a woman.
“This should not even be up for debate,” Miyares said. “This should be about common sense, and it’s really unfortunate this is happening.”
On Monday, 7News reached out to Arlington County Public Schools and Fairfax County Public Schools for comment.
Fairfax released a statement:
“FCPS policies and regulations continue to stay aligned with Virginia law and the rulings of the federal Court of Appeals for the Fourth Circuit. We continue to partner with all families to provide a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community.”
