No full court review in transgender case, 4th Circuit says

The U.S. 4th Circuit Court of Appeals (which covers Virginia employers) is standing by its August 26, 2020, ruling that the Gloucester County School Board’s policy requiring students to use the restroom corresponding with their biological sex is unconstitutional. The rulings in Gavin Grimm’s landmark case are just the most recent major decisions confirming the federal antidiscrimination laws’ expanded protections in the education and employment context.

Court’s reasoning

On September 22, the 4th Circuit denied the Gloucester County board’s petition for a full court review of its August 26 decision by a three-judge panel. The earlier decision upheld the Norfolk federal district court’s ruling striking down the board’s policy. The board’s petition, if granted, would have resulted in a rehearing of the district court’s decision by all 15 4th Circuit judges.

A majority of the judges, however, voted to deny a rehearing. Interestingly, Judge Paul V. Niemeyer, who issued dissenting opinions in both appeals to the 4th Circuit in Grimm’s case, agreed with the denial of a full court hearing on the basis that the board would have a better chance of success at the U.S. Supreme Court. Now the board must decide whether to once again seek review by the high court, as it did in 2017.