Today, the West Virginia Supreme Court of Appeals heard oral arguments in a case involving a transgender teen boy who has harassed, bullied and degraded by an administrator for using the boys restroom after school one day.
Michael Critchfield, who was 15 at the time of the incident in 2018, is represented by ACLU-WV and attorneys at Wheeling-based Toriseva Law . The state Supreme Court selects a small number of cases each year on which to hear oral arguments.
“We’re pleased that this court took up this important case. The Court was engaged and interested in the arguments, and we’re optimistic about a good outcome,” said Teresa Toriseva, lead counsel on the case and the chief executive officer of Toriseva Law.
The appeal was prompted by the decision of the Harrison County Circuit Court to dismiss the case after the Harrison County Board of Education filed a motion to dismiss. The appeal to the state Supreme Court argues that the trial court erred in dismissing the case, and that the state Supreme Court should set aside the dismissal and remand the case to district court to allow it to proceed. The state Supreme Court is expected to issue a decision in the case in the coming weeks or months.
“A remand to circuit court will allow for a thorough factual inquiry and investigation,” said ACLU-WV Legal Director Loree Stark. “The law is on Michael’s side, and we will continue to seek justice for him.”