Dominic Holden/BuzzFeed
WASHINGTON — A federal appeals court on Tuesday upheld the Department of Education's interpretation of existing federal civil rights laws to protect transgender people against discrimination in education.
The 4th Circuit Court of Appeals, in a 2-1 decision, upheld the department's interpretation of Title IX of the Education Amendments of 1972 to include protections in the law's ban on sex discrimination that allow transgender people to use a restroom in accordance with their gender identity.
"We conclude that the Department's interpretation of its own regulation ... as it relates to restroom access by transgender individuals, is entitled to ... deference and is to be accorded controlling weight in this case," the court held, finding first that the language of regulations implementing Title IX were ambiguous as to transgender restroom use.
The decision is a big victory for the Obama administration, as well as the transgender student who brought the case challenging his Virginia school district's policy banning him from using a restroom in accordance with his gender identity.
The appeals court did not, however, grant the preliminary injunction the student, Gavin Grimm, sought, instead sending the case back to the district court to reconsider his request that the
The appeals court had heard the arguments in January, and Tuesday's ruling is the first such ruling on the Obama administration's policy — which it also has advanced regarding the sex discrimination ban under Title VII of the Civil Rights Act of 1964.
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