The United States 4th Circuit Court of Appeals has dealt another body blow to North Carolina’s House Bill 2 on Tuesday.

The court denied a request for an en banc review of an April decision that ruled Title IX protections included allowing transgender students to use the bathroom and changing facility that matches their gender identity.

Gavin Grimm, a transgender male student, brought the suit against the Gloucester County School Board.

Grimm issued a statement through the American Civil Liberties Union after the decision this week.

“Now that the Fourth Circuit’s decision is final, I hope my school board will finally do the right thing and let me go back to using the boys’ restroom again. Transgender kids should not have to sue their own school boards just for the ability to use the same restrooms as everyone else.”

Chris Brook is the legal director of the ACLU of North Carolina. Brook issued a statement on Tuesday saying this continues the momentum fighting against HB2.

“This decision further backs up what we and others have said about HB2 from the moment it was introduced: it is illegal, discriminatory, and threatens the wellbeing and safety of transgender students. It’s time for Governor McCrory and the legislature to end their harmful and mean-spirited campaign to bully transgender students, acknowledge that HB2 violates federal law, and repeal this discriminatory measure once and for all.”

The ACLU, ACLU of North Carolina and Lambda Legal have filed a lawsuit challenging HB2. Additionally, the state of North Carolina and the United States Department of Justice have filed dueling lawsuits asking for clarifications of federal civil rights laws.

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