A group of students and parents from Minnesota filed a lawsuit Wednesday against the federal government and their school district for allowing a transgender student who was born male but identifies as female into the girls’ locker rooms, showers, and restrooms.
The lawsuit is the latest in a series of challenges to the Obama administration’s bathroom mandate issued in May that requires public schools and universities nationwide to give transgender students full access to school facilities based on their gender identity instead of their biological sex. Schools that do not comply with the administration’s guidance could face legal action or loss of federal funding.
The lawsuit was filed by the conservative nonprofit Alliance Defending Freedom representing concerned parents and students who formed a group called Privacy Matters. The group is suing over Minnesota’s Virginia Public Schools’ policy for transgender students, arguing that the current policy is an invasion of personal privacy.
According to the complaint, a transgender student in Duluth, Minnesota, was allowed to enter the girls’ locker room and would dance “in a sexually explicit manner—‘twerking,’ ‘grinding,’ and dancing like he was on a ‘stripper pole’ to songs with explicit lyrics, including ‘Milkshake’ by Kelis.”
“On another occasion,” the complaint noted, “a female student saw the male student lift his dress to reveal his underwear while ‘grinding’ to the music.”
“School policies should promote the rights and safety of every student, but that’s not what Virginia Public Schools is doing—and it’s certainly not what the departments of Education and Justice are doing,” said Gary McCaleb, a lawyer with Alliance Defending Freedom.
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