A federal judge in the U.S. District Court for the Southern District of Ohio dismissed a lawsuit on Monday challenging Bethel Local School District‘s policy to permit students to use bathrooms according to their gender identity rather than their biological sex.
The Bethel School board adopted a new policy last January that allowed students to use bathroom facilities according to their gender identity. Before the policy change, transgender students predominantly utilized a gender-neutral bathroom.
America First Legal filed a federal lawsuit in November against the school in Tipp City, north of Dayton, on behalf of a group of Muslim and Christian parents who accused the district of violating Title IX protections for students and parental rights by allowing this policy.
The lawsuit claims that a local group of Muslims donated money to the school district to build a gender-neutral bathroom next to the existing bathrooms so that transgender students could use that facility instead. However, the district built the bathroom without informing the donors that they would not require transgender students to use it.
The interfaith group of parents said the district is breaching their right to exercise their religious beliefs and directing how they raise their children by compelling them to conform to the district’s policy favoring transgender students.
“The Board’s actions keep the community in the dark regarding its new rules and policies for intimate facilities by refusing to answer basic questions parents need to know to make decisions about their child’s education. The parental right to direct the education, safety, and upbringing of their children is the oldest fundamental right recognized by the Supreme Court. And the Board’s actions deny these parents the same,” the lawsuit says.
Federal Judge Michael J. Newman dismissed all of the plaintiff’s federal claims. The judge’s explanation of the judgment stated that the plaintiffs lacked standing for their Title IX claim and that granting students the use of bathrooms according to their stated gender identity rather than their biological sex did not infringe upon their rights to equal protection under the law.
“Although parents have the right to make decisions about where to send their children to school, they do not have a constitutional right to revoke a school’s policy on student bathroom usage,” Newman said.
The judge also said the school district’s actions did not infringe on the plaintiffs’ free exercise of religion.
Alliance Defending Freedom (ADF) said people have good reason to fear and challenge these policies.
“People are afraid and for good reason, because they have had experiences where they were in places where they were vulnerable and someone hurt them. The presence of a male of any variety whether he’s someone who identifies as trans or not whether he has deviant motives or not is irrelevant to the reality that survivors of sexual trauma to just turn around and be exposed to that’s an instant trigger. Policies that open up bathrooms and locker rooms to members of the opposite sex send the message that privacy and safety do not matter,” ADF said.
The Ohio Star contacted America First Legal and Bethel Local Schools Superintendent Matt Chrispin for comment but did not hear back before press time.
Two Republican lawmakers recently introduced legislation requiring single-sex bathroom access in schools and universities.
House Bill (HB) 183, sponsored by State Representatives Beth Lear (R-Galena) and Adam Bird (R-New Richmond), aims to require students at K-12 schools and universities to use restrooms and locker rooms that match their biological sex.
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Hannah Poling is a lead reporter at The Ohio Star, The Star News Network, and The Arizona Sun Times. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Editor’s Note: Beth Lear was a journalist with The Ohio Star from May 2019 to December 2019.
