RICMOND, Va. – A Virginia school board is seeking to convince an appeals court that its transgender bathroom ban didn’t discriminate against former student Gavin Grimm.

The Gloucester County School Board filed a 76-page brief late Tuesday with the 4th U.S. Circuit Court of Appeals in Richmond.

The brief says a federal judge in Norfolk wrongly interpreted federal protections to rule that Grimm’s rights were violated. The board says laws protect against discrimination based on gender, not gender identity.

Grimm was born a female but transitioned to male. The board argues that Grimm is still physically female and was treated like all other students when he was required to use girls’ restrooms or a private bathroom.

Grimm’s lawsuit was once a federal test case that drew national attention. He graduated from high school in 2017.

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