Transgender policy lawsuit dismissed

Case challenging Dallas School District's locker room, bathroom use policy rejected by court



DALLAS – The lawsuit challenging Dallas School District’s policy and safety plan allowing transgender students to use locker rooms and bathrooms matching their gender identity was dismissed in the U.S. District Court in Portland on Tuesday.

Plaintiffs Parents for Privacy, Kris Golly, Jon Golly, Lindsay Golly, Melissa Gregory, and Parents’ Rights in Education filed the lawsuit against the district, Oregon Department of Education, Gov. Kate Brown, the United States Department of Education, U.S. Education Secretary Betsy DeVos, the United States Department of Justice, and Attorney General Jeff Sessions on Nov. 13, 2017.

The plaintiffs alleged that the policy and safety plan is illegal and sought to prevent the district from enforcing it.

They claimed the policy was a violation of administrative procedure; violation of fundamental right to privacy; violation of the parents’ fundamental right to direct the education and upbringing of their children; a violation of Title IX; violation of the Religious Freedom Restoration Act; violation of the First Amendment’s guarantee of free exercise of religion; 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 the case. Oregon Department of Education and Gov. Kate Brown filed an amicus brief in support of the district’s motion to dismiss.

U.S. District Court Judge Marco Hernandez ruled in the defendants’ favor, dismissing the case with prejudice, meaning the plaintiffs can’t refile an amended claim. They can request review in the Ninth Circuit Court of Appeals. A notice of appeal must be filed within 30 days of the ruling.

For more on this story, see the Aug. 1 edition of the I-O.



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