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Restroom Use Debate Continues in Richmond as Judges Grapple with the Definition of Gender

A Virginia legal battle about the use of bathrooms by transgender students had its day in federal court Wednesday.  A three judge panel in Richmond found itself grappling with the very definition of gender.

At the heart of this case is a 16-year-old guy named Gavin Grimm. 

"So I can say I did not set out to make waves, I set out to use the bathroom, and it's scary and it's... not easy..." 

Born biologically female, Grimm came out as a transgender male last year. The school board barred him from the boys' restroom, providing a unisex option instead. Judges now have to decide if Grimm has been treated unequally because of his gender. 

The school board defines gender anatomically, classifying Grimm as female. But Grimm's lawyer, Joshua Block, argues that sex is not just biology.

"A person's sex is determined by more than just their chromosomes, and that your gender identity is a critical component of your sex, and that's, you know, what all the science says."

One judge, Paul Niemeyer, seemed to take a more conservative view. 

"You're suggesting the school should make the sex determination on psychology," he said to Grimm’s lawyer during oral arguments, "What gives you the basis to make that interpretation?" 

But another judge, Andre Davis, pushed back against the idea that gender is purely a matter of anatomy.  Suggesting society has moved on he said -- quote -- "This is 2016, right?" 

A ruling in the case isn't expected for at least two months -- but when it does come it could have implications for public schools nationwide. 

Mallory Noe-Payne is a Radio IQ reporter based in Richmond.
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