Press Release
Press Release
Press Contacts: Erik Cummins, Matt Hyams, Olivia Thomas
04.21.16
On April 19, the Fourth Circuit U.S. Court of Appeals concurred with arguments made in an amicus brief drafted by Pillsbury’s litigation team and Lambda Legal on behalf of school administrators from ten states and the District of Columbia in support of Gavin Grimm, a Virginia high-school student born with female physical characteristics who now identifies as male. The Fourth Circuit’s decision will allow Grimm to proceed in court with claims challenging his local school board’s restroom policy of separating transgender students from their peers.
Grimm and his parents approached school officials at the start of his sophomore year, to inform them that he now identified as male. Grimm’s school was supportive, and it took steps to ensure that he would be treated as a boy by teachers and staff. At first, Grimm agreed to use single-stall restroom facilities in the school nurse’s office, rather than either the boys’ or girls’ restroom facilities. When this proved both unworkable and stigmatizing for him, Grimm asked the school to allow him to use the boys’ restrooms; the school agreed, and he used them without controversy for seven weeks. But then, as Judge Henry Floyd of the Fourth Circuit notes in his majority opinion, people in Grimm’s community got wind of the situation and petitioned the Gloucester County School Board to take action to preclude him from using the boys’ room.
When the board passed its policy banning Grimm from the boys’ restroom, he sued, alleging that the board had violated his rights under Title IX and the Equal Protection Clause of the Constitution. The district court dismissed Grimm’s Title IX claim and denied his request for a preliminary injunction.
As Grimm appealed to the Fourth Circuit, San Diego litigation partner Rich Segal coordinated a Pillsbury team that joined with Lambda Legal and the Transgender Law Center to forge a strategy in support of the student’s case. To rebut the arguments raised by the school board in response to Grimm’s suit, Grimm’s counsel hoped to find a few school administrators experienced with transgender students willing to share their experiences with the court.
Ultimately, the Pillsbury team filed a brief on behalf of a nationwide group of school administrators. The brief draws on interviews with the school administrators, relating their experiences with integrating transgender students into their schools. Some had more than a decade of experience dealing with transgender student issues, while others had more recently begun integrating transgender students. Over time, each of the administrators in the brief found that offering an inclusive atmosphere for students regardless of gender identity has a positive effect on all students.
The Fourth Circuit’s ruling reversed the district court’s dismissal of Grimm’s Title IX claim, and it also vacated the district court’s denial of Grimm’s motion for preliminary injunction, which, if granted, will allow him to use the boys’ restroom at school while his case remains pending. Grimm’s case will now return to the district court for further proceedings.
Pillsbury attorneys working on the project included senior associate Cynthia Cook Robertson, litigation counsel Nate Smith, attorney Amy Pierce, partner Alex Hardiman, foreign associate Narumi Ito, partner Rich Segal and former senior associate Shawn Thomas.
About Pillsbury
Pillsbury Winthrop Shaw Pittman LLP is a leading international law firm with offices around the world and a particular focus on the energy & natural resources, financial services, real estate & construction, and technology sectors. Recognized by Financial Times as one of the most innovative law firms, Pillsbury and its lawyers are highly regarded for their forward-thinking approach, their enthusiasm for collaborating across disciplines and their authoritative commercial awareness. For more information, visit www.pillsburylaw.com.