GLOUCESTER COURTHOUSE, Va. – The Obama administration believes schools must allow students to use whatever restroom fits their “gender identity,” regardless of their biological gender.

The U.S. Department of Education and the Department of Justice made that argument in an amicus brief filed on behalf of Gloucester Courthouse teen Gavin Grimm, who is suing his school for alleged discrimination for not allowing the biologically female transgender student to use the male restroom.

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The legally questionable interpretation of the federal Title IX protections on sex discrimination follows several “dear colleague” letters the Justice Department has sent to schools in recent years in an effort to force local students to share restroom, shower, locker and gender specific classroom facilities with students of the opposite sex.

And many schools have taken the government’s advice to heart.

“The U.S. Department of Education Office for Civil Rights has instructed schools nationwide that sex discrimination prohibitions in federal law include protections for gender identity. As such, under federal civil rights law, the District is required to provide access to public facilities consistent with the student’s gender identity,” the Boise, Idaho school district wrote in a prepared statement regarding a male junior high student who wanted to use the girls’ restrooms.

In Gloucester Courthouse, Grimm sued the school district with the help of the American Civil Liberties Union because officials initially allowed the teen to use the male restroom then later changed district policy amid fierce public backlash. They provided Grimm with an alternative and private facility, but that wasn’t good enough.

U.S. District Judge Robert Doumar rejected Grimm’s lawsuit and claims of discrimination under Title IX, stating that federal law allows schools to establish separate facilities based on sex.

“I have no problem understanding Title IX,” Doumar said. “It’s specific and exact.”

He also said there’s more to the issue than Grimm’s comfort.

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“Safety of the individual is a concern,” he said, according to ABC 13. “Why does one person’s rights have to be weighed against another person’s rights? … It really creates a monstrous problem.”

Grimm and company, of course, appealed Doumar’s ruling to the 4th Circuit Court of Appeals, where the case is currently pending.

The Obama Administration’s amicus brief submitted on Grimm’s behalf reiterates a “statement of interest” the government submitted before Doumar and echoes statements made to schools across the country.

The government alleges the Gloucester Courthouse school board’s transgender policy denies Grimm “a benefit that every other student at this school enjoys: access to restrooms that are consistent with his or her gender identity,” according to the Associated Press.

“Treating a student differently from other students because his birth-assigned sex diverges from his gender identity constitutes differential treatment on the basis of sex under Title IX,” the brief reads.

The AP points out the document is not legally binding.

And several legal experts believe it’s flat out wrong.

“Some may wrongly assert that Title IX requires schools to allow children who identify as transgender to use the facilities of their choice,” according to a legal memo by the Alliance Defending Freedom, a legal firm offering assistance to schools struggling with transgender issues. “But that is wrong. Title IX does not require schools to allow those who identify themselves as transgender to use their chosen facilities.

“Significantly, no court has ever interpreted Title IX as requiring schools to give students access to opposite sex restrooms and changing areas,” according to ADF.

ADF senior legal counsel Jeremy Tedesco told EAGnews the whole issue boils down to the federal government attempting to bully schools into adopting progressive policies that aren’t included in Title IX.

In essence, it’s a “conspiracy of leftists, involving the Obama administration, to put pressure on school boards to adopt these kinds of policies.”

“It’s based on misinformation,” he said. “Title IX prohibits sex discrimination (based on biological gender) and that’s it. They are trying to bypass Congress and include terms that Congress never included. They are trying to bypass Congress and ignore the law.”