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U.S. District Judge Thomas D. Schroeder has issued a preliminary injunction blocking the University of North Carolina from enforcing HB 2, the state law banning transgender people from restrooms that match their gender identity. The federal judge found that three transgender individuals challenging HB 2 are likely to succeed in convincing the court that the law violates Title IX’s prohibitions on sex discrimination in education.
In writing his decision, Schroeder relied heavily on a ruling by the 4th U.S. Circuit Court of Appeals in the case of G.G. v. Gloucester County School Board, in which the 4th Circuit found that Virginia transgender high school student Gavin Grimm would be likely to succeed in his claim that his local school board’s policy on transgender students is discriminatory.
“The fate of G.G. is uncertain,” he said, referring to the Grimm case. “But, despite the stay and recall of the mandate, the Supreme Court did not vacate or reverse the Fourth Circuit’s decision. Thus, while other courts may reach contrary decisions, at present G.G. remains the law in this circuit.”
Schroeder also pushed back against a recent district court ruling out of Texas that blocked the Obama administration from requiring schools to treat transgender students according to their gender identity, noting that, for now, the 4th Circuit’s decision sets a legal precedent.
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