Judge hears oral arguments heard for injunction in bathroom, changing room use for transgender students

On Friday, oral arguments were heard in a motion for preliminary injunction in X.A. v. Mat-Su Borough School District (MSBSD). The injunction seeks to restore the rights of transgender students to use the bathroom that matches their gender identity while the case is ongoing. It also seeks to have the MSBSD maintain X.A.’s privacy by not publicizing X.A.’s former name or gender.

Judge Tom V. Jamgochian heard arguments first from the plaintiff, represented by Ruth Botstein, Legal Director for the ACLU of Alaska, who argued that X.A. is being “irreparably harmed by the MSBSD’s policy… (that) singles out transgender students, children whose gender identity is inconsistent with the sex they were assigned at birth-and targets them for different and unequal treatment from other children.”

She laid out her argument that the irreparable harms to X.A. include being separated from the other students when he needs to use the restrooms that align with their gender identity.

“He can’t use the boys’ bathroom because the policy forbids it because his birth sex is female. And he can’t use the girls’ communal restroom either.” Botstein then told the judge that when X.A. tried to use the female restroom, other females made complaints that there was a boy using their bathroom.

“After that, he was directed to only use private, single-occupancy restrooms as what the district calls a ‘special accommodation.’” She explained that these restrooms were part of a special accommodation worked out between X.A.’s parents and the school specifically for him, and that each time he uses that restroom, it sets him apart and labels him as different.

Botstein told the judge there is no evidence, federal or otherwise, that says allowing X.A., or any other transgender child to use communal bathrooms consistent with their gender identities poses any risk to the safety or disruption of the learning environment.

She also argued that there is no justification for the district’s repeated disclosures of X.A.’s status to parents, other students, volunteers, or others aside from his educators and school administration.

“The Alaska Constitution demands more from the school district. Its explicit contextual guarantees of privacy and equal protection require this court to act to protect this child in keeping with Alaska’s tradition and heritage of respecting personal autonomy, liberty, and equality.”

Clinton Campion, representing the MSBSD, argued that administration and educators of the plaintiff’s school has continued to use X.A.s preferred name, and said it is unclear what the court was being asked to do regarding X.A.’s informational privacy and that in the evidence presented to the judge, including an affidavit from the plaintiff, there was only a small number of times that X.A.’s information was inadvertently disclosed during the previous school year.

“There is no evidence that it’s happening this school year. On the contrary, in the affidavits submitted by the plaintiffs dated September 4, 2024, there’s no evidence about what’s happening this school year.” Campion went on to say that the school administration had not received any complaints concerning inadvertent use of birth name. He also said that there is no ongoing harm that has been reported this school year.

“The inferences that other than those circumstances, X.A.’s preferred pronoun and name and preferred identity is being respected and valued throughout the district and in the building.”

With regard to the bathroom policy, Campion argued that X.A. is utilizing a bathroom in an adjacent bathroom, therefore not missing classroom time. He also noted that there is no plan for the other 19,000+ students in the district.

“Ultimately, the district’s policy, on it’ face, is designed to protect the safety, security, privacy, and learning environment of all the students in the district,” he told the judge.

The ACLU of Alaska filed this case in January, representing a set of parents bringing the case on behalf of their transgender son, stating that under MSBSD Policy 5134 BP, citing mental and physical challenges because he is denied access to the boys’ bathrooms, even though he is a boy.

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.

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.

Judge Jamgochian stated that he recognizes that this is an important case for both sides and that he would endeavor to issue a decision as soon as he can.