Two federal agencies have been sued by 51 families in Palatine, Illinois over the school district's transgender bathroom policy. Transgender students are allowed to use bathrooms and locker rooms that correspond with their gender identity and not the gender assigned to them at birth.
In a report by Reuters, the U.S. Department of Education, the U.S. Justice Department and Township High School District 211 were all sued by the families after they agreed last December to provide a changing area in the girls' locker room for transgender students.
The agreement stemmed from a complaint that was field in 2013 by the American Civil Liberties Union (ACLU) of Illinois regarding a transgender student who was born male but identifies herself as a female in William Fred High School, Daily Signal reported.
According to ABC News, the families are arguing that the policy compressed the privacy rights of the other students. The lawyers for Alliance Defending Freedom and Thomas More Society were the groups who filed the lawsuit in behalf of the 51 families. The lawsuit seeks a court order saying that the district will only permit "biological females" to enter and use District 211's girls' locker rooms and restrooms.
The lawsuit also claims that some of the girls are fearful and embarrassed that they will have to see a male in a state of undress, which could be adistraction to some students throughout the school day. The suit also cited one incident wherein one girl's anxiety over the matter led her to wear gym clothes under her normal clothes so she would just have to remove the outer clothes when gym class starts.
The ACLU of Illinois' spokesman, Edwin Yohnka, said the lawsuit is a "sad development by groups opposed to fair and humane treatment of all students." He added that they expect the lawsuit will meet the same "unsuccessful end as the previous efforts to peddle fear and divisiveness."
The transgender student, who was not identified, has been living as a girl since middle school and has received a diagnosis of gender dysphoria. She has also been taking female hormones.
Dorie Turner Nolt, a spokeswoman for the Education Department, said the agency will not be commenting on the lawsuit as it is a pending litigation.
