WASHINGTON (AP/WVEC) - The Virginia school board that wants to keep a transgender teen from using the boys' restroom at his high school is calling on the Supreme Court to delay consideration of the case to allow the Trump administration to weigh in.
A delay also could allow time for Senate confirmation of Judge Neil Gorsuch to the Supreme Court.
The Gloucester County School Board said in a letter to the Court that the justices should decide whether the federal anti-sex discrimination law for education applies to high school senior Gavin Grimm and other transgender students. But the board says the court should get input from the Trump administration before hearing the case.
The American Civil Liberties Union is leading the legal arguments on behalf of Gavin Grimm. Wednesday, it filed a letter in response to the Gloucester School Board's request to delay the case.
ACLU staff attorney Chase Strangio said he's not worried about any action from the President's administration.
“It's not going to change the meaning of Title IX if they weigh in one way or the other,” he maintained. “Ultimately the Court is going to have to resolve that question and they can do so right now.”
Strangio believes Justices have all the information they need to make a decision.
“Any delay is going to continue to harm the trans-young people across the country who are waiting for clarity about their rights and security when they go to school,” Strangio added. “Nobody is going back into the shadows. Nobody is going to stop fighting.”
Argument currently is scheduled for March 28. The school board suggests a delay of at least a month.
Meanwhile Apple, IBM and Microsoft are among 53 companies urging the Supreme Court to rule that Grimm has the right to use the boys' bathroom.
Airbnb, eBay, PayPal, Tumblr and Williams-Sonoma also are part of the brief that argues that "transgender individuals deserve the same treatment and protections" as everyone else.