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Openly trans seventh-grader sues school for the right to use the boys' bathroom

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In addition to the stress of returning to school amid an ongoing global pandemic, trans youth in a number of states have to worry about having their most basic needs met. One? Using the bathroom while at school. Here at Daily Kos, we’ve covered a number of instances where trans youth have said schools either don’t allow them to use the bathroom that aligns with their gender identity (as opposed to their sex assigned at birth) or force them to use an entirely separate bathroom. Because of the way school policies are worded, these bathroom policies generally also extend to spaces like locker rooms, changing facilities, and sports teams, too.

One middle schooler in Martinsville, Indiana, and his mother are working with the American Civil Liberties Union (ACLU) of Indiana and Indiana Legal Services to file a complaint against the Metropolitan School District of Martinsville, as reported by the Indy Star. The lawsuit alleges that the boy, referred to as A.C. in documents, was not allowed to use the boys’ bathroom, participate in boys’ sports, and that school staff and school administration have continuously misgendered him.

According to the complaint, A.C. has been openly trans since he was in the fifth grade. He is receiving counseling for gender dysphoria and plans to start hormone therapy when age-appropriate. His mother has petitioned to have his birth certificate changed to reflect his accurate name and gender, though that is still pending in court.

According to the complaint, A.C. attended elementary school in Anderson, Indiana, where staff did use the correct name and pronouns for him, but when the family relocated to Martinsville when A.C. was in the fifth grade, staff allegedly insisted on using female pronouns for him. According to the suit, A.C. expressed being uncomfortable using the girls’ bathrooms and asked to use the boys, but was told he either had to use the girls’ or use a one-person bathroom in the health clinic.

Unsurprisingly, using a single-person room separate from his peers made him feel anxious and different from his peers. On a practical level, the suit says it also resulted in A.C. being late to class because of where the restroom was located.

According to the complaint, A.C.’s mother had a meeting with the school involving the school counselor, but not the principal. The suit alleges that the counselor ultimately got back to the parents saying the student would be given extra time to get to and from the health clinic bathroom and transitioning to online schooling was also an option. From there, A.C. did use the boys’ bathroom, for which he was sent to the office and threatened with some sort of disciplinary action. On Nov. 29, the school principal allegedly told A.C. he was not allowed to use the boys’ bathroom.

The case, which was filed in federal court in early December, alleges that the school is violating Title IX on the basis of sex discrimination. The suit also alleges that the principal (who is not named in the document) is violating the equal protection clause of the 14th Amendment.

Ultimately, the suit requests basic dignities for A.C., including that the school must regard him as a boy in all aspects, including playing on the boys’ soccer team, using the correct name and pronouns, and yes, letting him use the boys’ bathroom.

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