As of Tuesday, August 28, 2018
DALLAS — The plaintiffs in the lawsuit challenging Dallas School District’s policy allowing transgender students to use the restroom facilities matching their gender identity have filed an appeal to the case’s dismissal.
United States District Judge Marco A. Hernandez dismissed all eight of the claims of the plaintiffs, known collectively as Parents for Privacy, on July 24. Hernandez dismissed the case with prejudice, meaning the plaintiffs couldn’t refile an amended claim, but could appeal within 30 days of the ruling.
Parents for Privacy includes Kris and Jon Golly, and their son, identified as A.G. in the lawsuit; Lindsay Golly, a former Dallas High School student; Melissa Gregory and her son T.F.; and Parents Rights in Education, a nonprofit corporation.
The suit named Dallas School District; Oregon Department of Education; Gov. Kate Brown; the United States Department of Education; U.S. Secretary of Education Betsy DeVos; the United States Department of Justice; and U.S. Attorney General Jeff Sessions.
All plaintiffs — except Lindsay Golly, who as a former student no longer has standing — joined the appeal. It was filed Aug. 21. The case will be heard before the Ninth Circuit Court of Appeals.
Parents for Privacy filed the suit in November 2017. It alleged that the district’s Student Safety Plan, a policy that allowed DHS student Elliot Yoder to use the facilities matching his gender identity, violates the rights of other students. In November 2015, Yoder asked to use the boys restrooms and locker rooms at DHS, a request that led to the implementation of the safety plan.
The plaintiffs claimed the district’s policy was a violation of: administrative procedure; fundamental right to privacy; Title IX; the Religious Freedom Restoration Act; the First Amendment’s guarantee of free exercise of religion; as well as public accommodation discrimination and discrimination in education.
The district; U.S. Department of Education; U.S. Department of Justice; Basic Rights Oregon, which intervened in the case as a defendant, all filed motions to dismiss. Oregon Department of Education and Gov. Kate Brown filed an amicus brief in support of the district’s motion to dismiss.
Calls for comment to the plaintiffs’ attorneys Herb Grey, Ryan Adams and Caleb Leonard were not returned before press time on Tuesday.