Oral arguments heard for injunction in bathroom, changing room use for transgender students

On Thursday, 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 from Clinton Campion, representing the MSBSD, who argued that administration and educators of the plaintiff’s school has continued to use X.A.s preferred name, and that X.A. is utilizing a bathroom in an adjacent bathroom, therefore not missing classroom time.

Ruth Botstein, Legal Director for the ACLU of Alaska, argued that X.A. is singled out from classmates by using a separate bathroom, thereby missing valuable classroom learning time.

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.

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.

For more coverage, see frontiersman.com on Monday and the Wednesday, Dec 25.print edition of the Frontiersman.