A Virginia transgender bathroom case is likely heading to the U.S. Supreme Court.
An appeals court has now refused to rehear the case of Gloucester High School student Gavin Grimm who was born female but now identifies as a male.
A three-judge panel of the 4th Circuit Court of Appeals ruled last month that the school discriminated against Grimm when it stopped allowing him to use the boys' bathroom.
Judge Paul V. Niemeyer dissented. He's now urging the Gloucester School Board to take the case to the Supreme Court, saying the "momentous nature" of the topic "deserves an open road to the Supreme Court."
"Bodily privacy is historically one of the most basic elements of human dignity and individual freedom. And forcing a person of one biological sex to be exposed to persons of the opposite biological sex profoundly offends this dignity and freedom," Niemeyer wrote.