On Wednesday, the ACLU of Alaska filed a motion for preliminary injunction in X.A. v. Mat-Su Borough School District (MSBSD) to restore the rights of transgender students to use the bathroom that matches their gender identity while the case is ongoing.
The ACLU of Alaska filed this case in January representing a set of parents bringing the case on behalf of their transgender son. Under MSBSD Policy 5134 BP, every day, their child faces mental and physical challenges because he is denied access to the boys’ bathrooms, even though he is a boy.
“The student has started another year of school with his constitutional rights to privacy and equal protection under the law being violated by the Mat-Su Borough School District,” said Ruth Botstein, Legal Director for the ACLU of Alaska. “We’re seeking a preliminary injunction so that he doesn’t have to continue to be singled out from his classmates, outed as transgender against his will, and miss valuable classroom learning time while the merits of this case are being reviewed by the courts.”
In October 2022, the MSBSD approved Board Policy 5134 which states that the use of restrooms and changing areas are to be restricted to the exclusive use of students’ biological sex as identified at the time of birth. This prevents transgender students from using bathrooms and locker rooms that match their gender identity.
MSBSD Policy 5134 BP infringes on the student's constitutional right to privacy because it violates his fundamental right to make his own choices about his body, his name, his gender identity, and the appropriate bathroom for him to use. This policy also violates the Equal Protection Clause of the Alaska constitution because it treats transgender students differently than other students and is motivated by the intent to discriminate against transgender youth.
The ACLU of Alaska has requested the court move quickly to issue a decision on the motion for preliminary injunction given the importance of the interests at stake.
