Indiana Attorney General Todd Rokita, along with 22 other states, has filed an amicus brief urging the U.S. Supreme Court to uphold a South Carolina school’s policy of keeping separate bathrooms and locker rooms for boys and girls. This move comes as a response to a previous ruling by the Fourth Circuit Court of Appeals, which required schools to allow students to use facilities that align with their gender identity.
The brief argues that the Fourth Circuit’s decision infringes on the privacy rights of students during sensitive moments, such as using restrooms and changing clothes. It references the case of Grimm v. Gloucester County School Board, where a girl who identifies as a boy was allowed access to a boys’ restroom. The brief claims that this ruling has led to further legal challenges regarding gender-related policies in schools.
Rokita stated, “No child should fear for their safety or privacy when using a bathroom, changing in the locker room, or showering after sports.” He emphasized that mixing boys and girls in these spaces should not be permitted.
The states involved argue that the Equal Protection Clause supports the right of schools to maintain separate facilities for boys and girls. They contend that policies applying to all students equally do not classify based on sex or gender identity. The brief also cites previous court decisions that have rejected the notion that such rules violate students’ rights.
As the Supreme Court prepares to review this case, the issue of bathroom policies in schools continues to be a contentious topic, with strong opinions on both sides. The outcome could have significant implications for how schools across the country handle gender identity and privacy in educational settings.
