The U.S. Justice Department says in a court filing that transgender students must be allowed to use the restroom that corresponds with their gender identity.

The department says in a statement of interest filed Monday that failure to do so amounts to sex discrimination under Title IX of the U.S. Education Amendments of 1972. The document is in response to a federal lawsuit filed against the Gloucester County School Board by a 16-year-old transgender student who wants to be allowed to use the boys’ restroom.

The lawsuit says Gavin Grimm used the communal restrooms without incident until the board adopted a policy in December requiring transgender students to use a private facility.

The lawsuit seeks unspecified damages and an order allowing Grimm to use the boys’ restrooms


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