A state superior court judge has upheld a Matanuska-Susitna Borough School District policy that restricts “transgender” students from using bathrooms and locker rooms aligned with their confused ideas about their sexual characteristics.
The ruling was issued Thursday by Alaska Superior Court Judge Tom V. Jamgochian, marks a defeat for the ACLU of Alaska, which brought the case early last year on behalf of an elementary school student and his parents. The lawsuit had argued that the district’s bathroom rule violated the student’s constitutional rights to privacy and education.
At issue was MSBSD Policy No. 5134 BP, adopted in October 2022. The rule requires students to use restrooms corresponding to the sex listed on their birth certificate or to use a single-occupancy restroom as an alternative.
The judge determined that the policy does not infringe on rights guaranteed by the Alaska Constitution, citing the availability of a private restroom option as a reasonable accommodation. That finding rejected the ACLU claims that the rule discriminates against the plaintiff.
The policy serves an important governmental interest in safeguarding student privacy in intimate settings, and the means selected, sex-based access to restrooms and locker rooms, with gender-neutral alternatives, bear a substantial relationship to that interest. Although the policy results in differential treatment of transgender students, the record does not support a finding that it is motivated by animus or that it imposes an unconstitutional burden. The policy does not compel disclosure of gender identity, restrict gender expression, or deny access to restroom facilities,” Jamgochian wrote.
“No court order can fully satisfy all interests of all litigants, and any outcome may impose hardship on some individuals. Questions regarding policy are appropriately left to elected officials and the public. The court’s duty is more limited: to interpret and apply Alaska’s Constitution. For the reasons that follow, the court finds that the challenged policy does not violate the Constitution of the State of Alaska,” the judge ruled.
The ruling leaves the policy in place and means the student must continue using either the girls’ restroom or a designated single-occupancy restroom.
The case, filed in Palmer Superior Court, could next be appealed to the Alaska Supreme Court. The ACLU of Alaska has not yet indicated whether it will pursue further legal action.
Also this month, the US District Court for the District of Idaho, Sexuality and Gender Alliance v. Critchfield, allowed Idaho to enforce its grade-school bathroom privacy law. That ruling followed an order from the 9th Circuit Court of Appeals that denied a broader challenge to Idaho’s laws protecting privacy and safety of children.
“Separating restrooms by biological sex has been common for centuries…And for good reason—there are biological differences between men and women…Those biological differences are deserving of privacy and S.B. 1100’s segregation of restrooms based on sex is related to that interest,” the court ruled.
Good to know I won’t be fired for not following ACLU’s twisted version of reality.
No doubt, the wacked-out lefties and their coach, ACLU, will bump it to the AK Supreme Court seeking a reversal. Meanwhile, the confused little transgendered kiddies will be dangling around the comodes and urinals, hoping no one sees their appendages. The Democrats sure know how to poison our youth and attempt to ruin our families.
Such a disgusting bunch.
its never to late to get an education 🙏 im praying for you to get better, because Jesus loves everyone even transgender people. you are directly going against God’s will by judging.
And Charlie you are going against gods will supporting this evil body destruction. God created male & female.
And so are you thinking you speak for God. The bible says there are only 2, male and female, determined by God. No switching sides!
Educate yourself the Bible does not speak of transgenderism. It does relate to neither a man or a woman wearing the clothes of the other-Deuteronomy 22:5. Even in the beginning of the bible Genesis 1:27 God created mankind in his own image male and female he created them a distinct delineation between only two genders.
A “trans” kid is like a vegan cat. You know who is making the decisions and you see who is paying the price.
It is a vulgar form of child abuse and I thank God that this scourge has reached its high point. We must continue to end it. Everywhere.
Amen Micah
If a transgender student was really living as the opposite sex, who would notice which restroom they were using? A female decides to act like a boy, get a male style haircut, strap down their breasts, wear boys clothes, etc… If they were to walk into the boys room, and use a stall, no one would notice or likely care.
.
This enforcement of “any gender” restrooms is facilitating the perverts and weirdos, not those that are truly in the wrong body.
Let’s review:
“……The rule requires students to use restrooms corresponding to the sex listed on their birth certificate or to use a single-occupancy restroom as an alternative…….”
This isn’t “facilitating the perverts and weirdos” who want access to the incorrect gender facilities with those of the correct genders who don’t want to be visually assaulted. Those “truly in the wrong body” still have access to facilities, and those will not be “the wrong facilities”.
Perhaps I could have been a bit more clear.
Allowing anyone to simply declare they are the opposite sex and then insisting them must be allowed to use whatever restroom/locker room they want to is enabling the perverts and weirdos.
Not this ruling that says born male, you have to use the boys room…
It isn’t so much the restroom as it is the locker room.
Reggie–the court also decided that students have the right to use individual, private spaces as locker rooms for changing.
A-MEN
Fantastic! This should have never happened in the first place! Congrats to Matsu Valley! 👍
Love it when the will of the people is upheld by the courts because it’s very rare these days!
What is wrong with the parents of this child, that they are letting a CHILD determine their gender?
What a whacky world we live in where such questions even need to be asked.
Hey Anchorage!! That’s how it’s done
If they’re a furry can’t you just teach them to go outside?
Liberal blue hair tears in 3,2,1…. 🙂 🙂
Sounds like boys who prefer to sit to pee
It’s simple.
Boys have a penis.
Girls have a vagina.
XX or XY chromosomes.
It’s called science LibTards.
Trump won, we can speak the obvious truth again.