VIRGINIA, Minn. – Eleven families in Minnesota’s Virginia School District are suing the district and the U.S. departments of Education and Justice after President Obama’s transgender policy allegedly allowed a biologically male transgender student to sexually harass female classmates.
The lawsuit was filed Wednesday in federal court by attorneys from Alliance Defending Freedom, a nonprofit representing 11 families in Virginia schools that have banded together under the banner Privacy Matters, according to court records.
The lawsuit centers on “Student X,” a biologically male student who identifies as female. Virginia schools, following a directive from President Obama to allow transgender students to use whatever school facilities they choose, allowed Student X to use the girls locker room and participate in girls activities, Fox News reports.
The lawsuit contends that the arrangement allowed Student X to engage in sexually suggestive behavior in the girl’s locker room that left some female students in tears and compromised their privacy and safety.
The students contend Student X asked one girl about her bra size and offered to “trade body parts.” Student X also engaged in sexually suggestive twerking, grinding and “dancing like he was on a stripper pole” while blasting raunchy music like Kelis’ “Milkshake,” according to the Mesabi Daily News.
“On another occasion, a female student saw the male student lift his dress to reveal his underwear while ‘grinding’ to the music,” ADF wrote in a press release.
School officials allegedly told girls who were uncomfortable with the situation that they could use a secondary locker room in the basement of an elementary school, and “nearly half of the junior varsity squad changed in the locker room in hope that their privacy would not be violated,” the lawsuit states.
School officials allowed the girls to use a vacant boys’ basketball locker room at one point, but Student X allegedly insisted on imposing himself on his female classmates there, as well.
“One such occasion, Student X walked into the boys’ basketball locker room while Girl Plaintiff A was in her underwear and removed his pants while he was near her and other girls who were also changing,” the lawsuit contends. “This incident deeply upset Girl Plaintiff A. It signaled to her that there was no place in school where she could preserve her privacy under the new law.”
“The school was very unsympathetic,” ADF attorney Matt Sharp told Fox News. “This is showing what we have been warning for months now. When you strip away student privacy, there’s going to be consequences for that.”
The lawsuit lists Obama’s Justice and Education departments as defendants because the president’s transgender directive to all U.S. schools this spring created the situation with the implied threat of withholding education funding for schools that don’t comply.
“School policies should promote the rights and safety of every student, but that’s not what Virginia Public Schools is doing—and it’s certainly not what the departments of Education and Justice are doing,” said ADF Senior Counsel Gary McCaleb. “No child should be forced into an intimate setting, like a locker room, with someone of the opposite sex. Telling girls that their privacy and modesty don’t merit a private and secure changing area is an attack on women. The school district should rescind its privacy-violating policies, and the court should order the DOE and DOJ (both named in the suit) to stop bullying school districts with falsehoods about what federal law requires.”
“Federal bureaucrats cannot simply write letters to redefine the meaning of a federal law to serve their own political ends,” ADF attorney Doug Wardlow added. “The Department of Education went beyond what it is legally and constitutionally allowed to do, and the DOJ is out of bounds in enforcing the DOE’s false interpretation of the law. In fact, several federal courts have already rejected the DOE’s interpretation of Title IX.”
“The lawsuit asks the court to halt the school district’s policy that opens up showers and changing areas to the opposite sex and invalidate the DOE’s rule that illegitimately redefines ‘sex’ in Title IX,” according to the ADF release.
The Washington Times reports that the ADF lawsuit is among many spawned by President Obama’s transgender decree.
According to the news site:
A group of 51 families in Palatine, Illinois, filed a lawsuit in May after Township High School District 211 implemented a policy permitting access to restrooms and locker rooms on the basis of gender identity.
The Highland Local School District in central Ohio also filed a lawsuit in June after the Department of Education’s Office for Civil Rights demanded it permit access to locker rooms, showers, restrooms and sleeping arrangements on the basis of gender identity.
And after North Carolina and the Department of Justice filed dueling lawsuits against each other in May over a law regulating public facilities on the basis of biological sex, North Carolinians for Privacy sued the Obama administration for forcing them to choose between the privacy and safety of their children and funding for education.
A federal judge in Texas halted implementation of the edict nationwide last month, saying the Obama administration failed to follow administrative rule-making regulations, including notice and comment.
The Texas case is one of two lawsuits filed by numerous states against the Obama administration over the transgender issue. Thirteen states sued the federal government in a Wichita Falls, Texas federal court, while 10 states are challenging the law through a federal court in Nebraska.