The American Civil Liberties Union (ACLU) of Alaska filed litigation against the Matanuska-Susitna Borough School District (MSBSD) over its preventing transgender students from using bathrooms and locker rooms that match their gender identity (Policy No. 5134 BP). The MSBSD board approved this policy in October 2022.
The ACLU of Alaska is representing a set of parents bringing the case on behalf of their transgender son. Under this policy, every day, their child faces mental and physical challenges because he is denied access to the boys’ bathrooms, even though he is a boy.
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.
According to Meghan Barker, Communications Director for ACLU, the school, and the principal have tried to provide alternatives for the student to go to the restroom during the day.
But there have been various difficulties that have made this an issue for the student. The student was permitted to use the gender-neutral bathroom in the nurse’s office. But when students asked why he used that specific bathroom, he was forced to out himself to other students, as well as other substitute medical staff.
“And then finally the school has also tried to work with the student, and they allowed him to use the bathroom in the preschool because that is also a gender-neutral bathroom, and so the student was having to basically go in and help in the preschool for about 15 minutes, with like Storytime and passing out a snack. He’s allowed to use the restroom there, and then he goes back to his own class. So those are all the options that were laid out for the student that the school tried to work with them with, but because of all the issues that he has faced just from worrying about they’re finding that he’s just trying to limit his vote intake and not go to the bathroom while he’s at school to try and avoid all of these complications and issues,” said Barker.
The parents and student would like to remain anonymous. The school’s name has also been redacted to maintain the student’s anonymity.
