May 17, 2016: Brief Filed Against Transgendered Bathrooms, Grimm v. County of Gloucester School Board


By William J. Olsen

Amicus Brief

On Tuesday, May 10, we filed an amicus brief in the case of Grimm v. County of Gloucester School Board, Virginia in the U.S. Court of Appeals for the Fourth Circuit. Our brief opposed attempts by a girl with feelings of gender “dysphoria” to use Title IX to gain access to the boys’ bathrooms at her school.

Our brief argued that one’s sex is a physiological constant, and determined by the Creator. Allowing a person’s feelings at any given time to define his gender permits individuals to decide whether and how the law applies to them.

Our brief pointed out that the ruling of the district court below is not limited to bathrooms, but could be applied broadly to grant access to opposite sex locker rooms, housing, athletic teams, and other gender-restricted areas.

Finally, our brief argued that the district court’s ruling sanctions sexual anarchy, and the day is not far away when a white male will “identify” as a black female in order, for example, to gain preferential treatment through reverse-discrimination (i.e., affirmative action) college admission policies.

Waxing poetic, we added this footnote:

The decision is between polar opposites, there being no middle ground. As Bob Dylan explained: “You’re gonna have to serve somebody, yes indeed…; Well, it may be the devil or it may be the Lord; But you’re gonna have to serve somebody.” B. Dylan, “Gotta Serve Somebody” (1979).

Our brief was filed on behalf of Public Advocate of the United States, United States Justice Foundation, and Conservative Legal Defense and Education Fund.


On Friday, May 13, what had been a localized problem in Gloucester County and in North Carolina went national, as President Obama directed his Department of Education and Department of Justice to issue an imperial decree to the nation’s schools, changing the meaning of “sex” as it appears in Title IX of the Educational Rights Amendments of 2012, and ordering that schools nationwide must permit students to use whatever bathroom, locker room, and showers they wish.

On Saturday, May 14, we published an article explaining how that letter violates not only Title IX, but also the Administrative Procedures Act and the Administration’s own rules as issued by the Office of Management and Budget, for issuance of such “guidance” letters.

We concluded our article:

The Obama Administration sees that with each turn of the calendar there are fewer and fewer days to remake America, as President Obama promised in his inaugural address. So much damage to be done, and so little time to do it.

– Reprinted by permission