Judge issues ruling for injunction in bathroom, changing room use for transgender students

Following a hearing on December 19, 2024, when Judge Tom V. Jamgochian heard oral arguments in a motion for a preliminary injunction in X.A. v. Mat-Su Borough School District (MSBSD).

The injunction sought 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.

On December 29, 2024, the judge issued his ruling, making good on his word to issue a ruling sooner, recognizing that this is an important case for both sides and that he would endeavor to issue a decision as soon as he can.

In the 19-page ruling, the judge denies the plaintiff’s preliminary injunction to prohibit the MSBSD school board’s policy, BP 5134 as it applies to bathrooms, writing:

“The plaintiff has failed to demonstrate irreparable harm, and he has failed to show a probability of success on the merits.”

The ruling did grant the preliminary injunction the plaintiff was seeking in regard to prohibiting the school district from erroneously disclosing X.A.'s birth name based on the computer system's records, saying the plaintiff had shown a probability of success on the merits.

“MSBSD has proven that some substitute teachers, lunchroom employees, teachers coordinating afternoon pickup, and state testing workers, have not used X.A.'s parent-approved preferred name when addressing X.A.”

Judge Jamgochian went on to order that the school district must ensure that the computer system that this group of employees use to address students by their name shall include the parent-approved preferred name of students.

He also wrote that the Court is aware that this order may result in hardships for Alaska's transgender students, but the Court's role is limited to interpreting the law, not deciding policy. “The Court is not determining what is an optimal solution and remedy for all stakeholders. The Court's role is simply to determine if a school board policy and a computer system comply with the Alaska Constitution. And because the motion before the Court is a preliminary injunction, where the Court has a limited factual record, the Court's role is only to determine if the plaintiff has demonstrated that the board policy and computer system's implementation are likely unconstitutional.”

“Alaska Superior Court Judge Jamgochian’s recent decision denies a preliminary injunction that sought to prohibit Board Policy 5134 as it applies to bathrooms, affirming the district’s implementation of the policy,” said John Notestine, Public Information Officer for MSBSD. “We also acknowledge the court’s order regarding the use of parent-approved preferred names in our digital platforms and have a plan in place to ensure compliance.”

"The ACLU of Alaska is pleased that the student's parent-approved preferred name will be used by substitute teachers, lunchroom employees, and afternoon pickup coordinators from here on out, protecting his transgender status where it was previously being shared publicly on a regular basis. We are hopeful that a final ruling in the case will find the District's policy unconstitutional, and will allow the student to use the boys' bathroom as all the other boys do," said Meghan Barker, Communications and Engagement Director for the ACLU of Alaska.