January 17, 2023

What you need to know:

1. A national legal group is suing Bethel Local School District in Ohio for allowing transgender students to use communal restrooms consistent with their gender identity

2. The lawsuit argues that restrooms and other intimate facilities should only be shared by persons of the same biological sex, citing reasons such as safety, privacy, modesty, religion and historical views of sex.

3. Studies, such as one from the UCLA School of Law, have found no evidence that allowing transgender people to use public facilities that align with their gender identity increases safety risks.

4. The American Civil Liberties Union (ACLU) has also joined the case to represent the transgender student, who is not a defendant in the suit, and argues that Bethel's current policy is appropriate and should not be disturbed by court order.

5. This lawsuit is the latest in a string of legal actions taken by American First Legal, a group that has filed lawsuits nationwide against immigration policies, race discrimination, and LGBTQ+ rights.

COLUMBUS, Ohio - A national legal group, American First Legal, is suing Dayton-area Bethel Local School District for allowing transgender students to use communal restrooms consistent with their gender identity. The group is alleging that school officials violated the religious liberty of 18 anonymous parents and students when a 14-year-old transgender student was permitted to use the girls’ restrooms.

The November filing argues that restrooms and other intimate facilities should only be shared by persons of the same biological sex “for a variety of reasons, including safety, privacy, modesty, religion and historical views of sex.” However, a study from the UCLA School of Law found no evidence that allowing trans people to use public facilities that align with their gender identity increases safety risks.

The American Civil Liberties Union of Ohio has also joined the case to represent the trans student, who is not a defendant in the suit. The ACLU said Bethel’s current policy is “appropriate and should not be disturbed by court order.”

The 14-year-old student joined Bethel Middle School in January 2020 after enduring bullying and harassment for being transgender at her previous school district in Fairborn. Before stepping foot on campus, the student’s family said they informed the school’s administration that she was transgender and opted for single-occupancy restrooms for her safety.

Problems began when the student realized only two of the five single-occupancy restrooms on campus were accessible, causing her to be tardy to class. Using these restrooms also singled her out as transgender.

After nearly a year of attending Bethel, the student and her mom asked school administrators if she could begin using the girls’ restroom. Court documents state the middle school’s principal told the student in December 2021 that she could start using the girl’s bathroom after winter break.

However, American First Legal writes in the complaint that Bethel’s Board of Education made this change “in secret to avoid community opposition” and announced the new policy at a meeting in January 2022 without public discussion, deliberation, or voting.

The 18 anonymous plaintiffs argue that the new policy violates an Ohio act requiring bodies to conduct official business in public, violates a parent’s right to direct the upbringing of their children, and discriminates against Bethel’s Christian and Muslim students.

This lawsuit is the latest in a string of legal actions taken by American First Legal, who has filed lawsuits nationwide against immigration policies, race discrimination, and LGBTQ+ rights.

EducationLawyers.com
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We strongly disagree with the lawsuit against the Dayton-area Bethel Local School District for allowing transgender students to use communal restrooms consistent with their gender identity. We believe that every individual has the right to use the restroom that aligns with their gender identity and that denying this right is discriminatory and harmful. We stand with and support the transgender community and any efforts to protect their rights and safety.

As a call to action, we encourage our community to support and speak out for transgender rights. This can include contacting local representatives to express support for transgender-inclusive policies, educating ourselves and others about the experiences and challenges faced by the transgender community, and supporting organizations that advocate for transgender rights. Together, we can create a more inclusive and equitable society for all.

Additionally, if you are a member of the transgender community and have been affected by this issue, we recommend consulting with a civil rights or education lawyer from EducationLawyers.com. We can provide you with legal guidance and representation to ensure your rights are protected and to fight discrimination.