What a shitty situation.
A Pennsylvania lawsuit just flipped an argument used for transgender bathroom rights on its head to fight against the progressive movement.
The suit, filed by a top religious conservative group, states that a high school boy was humiliated and emotionally traumatized by being forced to change in a locker room in front of a transgender boy.
Joel Doe, an anonymous name for the high school junior, was changing his outfit for gym class last October when he noticed the transgender boy — described in the suit as a female — wearing “nothing but shorts and a bra.”
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The complaint states:
“Plaintiff has experienced embarrassment and humiliation, both in terms of being viewed and viewing a student of the opposite sex in a state of undress and because of the stigmatization and criticism he received from other students and adults.”
The complaint adds that the student “fears the future embarrassment” of having to face someone wearing a bra in the bathroom again — and is so traumatized, he “now avoids using the restroom during the school day because of the ongoing risk of having his privacy violated.”
The lawsuit argues that by allowing the trans student to share the facilities, the school has violated the boy’s civil and constitutional rights — an inverted take on lawsuits made in the past by trans students aiming to overturn restricted access to bathrooms.
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Now, lawyers at Alliance Defending Freedom are aiming to make bathrooms binary again. The Christian advocacy legal group has asked a federal judge to suspend a school policy that lets trans students use bathrooms that match their gender identity.
In the past, trans students have argued that Title IX of the Education Amendments of 1972, which bans gender discrimination, ensures students can use facilities that match their identity.
But the suit filed on Tuesday alleges the same law actually allows for sex-segregated facilities as a general matter — meaning only people identified as male at birth are allowed to enter facilities designated for boys, and vice versa.
The suit adds that the Equal Protection Clause of the 14th Amendment — which trans students also used to defend their rights — guarantees privacy from people of a different birth sex in bathrooms and locker rooms. The complaint continues:
“The policy harms Doe because unless he surrenders his right to bodily privacy, he can no longer use the locker room designed for use by boys.”
After seeing the transgender boy changing in the locker room, Doe complained to school officials “that there was a girl in their locker room.”
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The principal allegedly told him to “tolerate” the situation, explaining that “students who mentally identify themselves with the opposite sex could choose the locker room and bathroom to use, and physical sex did not matter.”
Instead of tolerate the situation, the boy avoided the locker room completely over the fear of catching a glimpse of the trans boy in a bra. He was so uncomfortable, the boy didn’t change clothes before PE, which has “resulted in disciplinary action and poor grades.”
Since the incident, the student “does not feel secure in the locker rooms,” and has suffered tremendous “anxiety, embarrassment, and stress” over not being able to use a bathroom without risking “running into persons of the opposite sex.”
If only this boy could imagine being forced to use a bathroom with ONLY members of the opposite sex, which is the struggle thousands of trans kids are forced to endure while fighting for their bathroom rights.
[Image via Twitter.]
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