The American Civil Liberties Union of Virginia (ACLU) announced the verdict of the Gavin Grimm v. Gloucester County School Board case on April 5 in an email press release - two weeks before the actual verdict.
On April 19, a federal court of appeals ruled in favor of transgender student Gavin Grimm, placing a halt to the ban on using the boys’ bathroom at school. Gavin Grimm was born a female, but gender-identifies as a male.
But, back on April 5, the ACLU, somehow, correctly reported that Judge Andre M. Davis would rule in their favor, and was even prepared to publicize a comment from him on the decision.
The ACLU's April 5 press release also predicted that the circuit court would order that the case be reassigned at the district court level:
As part of today’s ruling, the court of appeals ordered that the case be reassigned to a different district judge.
On April 5, the ACLU of Va. sent out a press release entitled, “Federal Court of Appeals Rules Against Transgender Student in Virginia Restroom Access Case.”
MRCTV received the email at 10:03 a.m. on April 5:
Federal Court of Appeals Rules Against Transgender Student in Virginia Restroom Access Case
FOR IMMEDIATE RELEASE
March/April [XX], 2016
CONTACT:
Bill Farrar, ACLU of Virginia, 804-523-2156, bfarrar@acluva.org
RICHMOND, Va. – A federal court of appeals today denied transgender male student Gavin Grimm’s request for a preliminary injunction to block his school from enforcing a discriminatory restroom policy that segregates transgender students from their peers by requiring them to use “alternative, private” facilities.
The American Civil Liberties Union and ACLU of Virginia will review today’s decision from a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit to determine whether to seek rehearing en banc before the full court.
Dissenting from the 2-1 decision, Senior Judge Davis said: [QUOTE]
Although the majority opinion denied Gavin a preliminary injunction, it reinstated Gavin’s claim that the discriminatory restroom policy violates Title IX of the U.S. Education Amendments of 1972, a federal law prohibiting discrimination in schools based on sex. Gavin’s claims based on Title IX and the Equal Protection Clause will continue to be litigated at the district court.
As part of today’s ruling, the court of appeals ordered that the case be reassigned to a different district judge.
The only problem with this press release? There had not actually been a ruling in this case. The ACLU of Virginia knew that, as well.
At 10:07 a.m., just four minutes later, ACLU's Bill Farrar sent out a subsequent email recanting the previous announcement:
PLEASE DISREGARD the previous email news release regarding G.G. v. Gloucester County School Board. No ruling yet has been issued in this case. The draft news release was distributed in error. Please call Bill Farrar, APR, director of public policy and communications for the ACLU of Virginia, with any questions regarding this matter.
Bill Farrar, APR
804-523-2156
When reached for comment, Farrar said that the initial email was a “hypothetical” and was “not intended for release.”
When asked how they could have Senior Judge Davis’ quote on the decision, if there was no decision, Farrar stated, “It was a place-holder.” So, the ACLU planned to publish a comment from Judge Davis as a dissenting judge on what they expected to be an adverse decision.
Farrar also said, “I am going to be candid with you. I am going to out of the office for a week starting tomorrow, so we drafted this email in case there was a ruling, and then someone could go in and edit it [in case the ruling came down while Farrar was out].”
MRCTV reached out to Senior Judge Davis, who was unavailable for comment. MRCTV also requested comment from the attorney for the Gloucester County School Board, David P. Corrigan, and is awaiting his reply.
We will update this story should any more information become available.