A federal judge in Oregon has ruled that high school boys in an Oregon school district must allow a girl who claims she is a boy to share their bathrooms and locker room.
In a lawsuit filed by parents and students at a high school in Dallas, Oregon, the plaintiffs stated that the boys felt “embarrassment, humiliation, anxiety, intimidation, fear, apprehension, and stress produced by using the restroom with students of the opposite sex.”
But U.S. District Judge Marco Hernandez ruled “high school students do not have a fundamental privacy right to not share school restrooms, lockers, and showers with transgender students whose biological sex is different than theirs.” He wrote that the stress the boys felt was not “comparable to the plight of transgender students who are not allowed to use facilities consistent with their gender identity.”
The transgender boy in question is Elliot Yoder, who had been using a gender-neutral bathroom before gym, but Yoder wanted to use the boys locker room to change clothes because the gender-neutral bathroom was two floors away from the gym.
Brook Shelley of Basic Rights Oregon said, “We are thrilled with the judge’s decision.”
As USNews reported, “The potential threat that a high school student might see or be seen by someone of the opposite biological sex while either are undressing or performing bodily functions ‘does not give rise to a constitutional violation,’ Hernandez concluded. Furthermore, bathrooms have stalls with doors for privacy, he noted.”
In 2015, the Obama Administration Department of Education’s Office of Civil Rights threatened to remove funding from Illinois’ Township High School District 211 if it didn’t permit a boy claiming to be a girl to use the girls locker room. The letter from the department informed the district that it was violating Title IX, which barred sex discrimination in K-12 districts that received federal funding.