Transgender Student’s Lawsuit Dismissed After Nearly Two Years
A federal judge has dismissed a lawsuit challenging Tennessee’s law that prohibits transgender students and staff from using school bathrooms or locker rooms that align with their gender identity. The lawsuit, filed by a transgender student identified as D.H., was initially filed nearly two years ago, alleging that the law violated the Equal Protection Clause of the Constitution and Title IX protections against sex discrimination in education.
The case centered on D.H., a transgender girl, who said her school withdrew support for her social transition after the Republican-led Tennessee Statehouse passed several measures targeting transgender accommodations. As a compromise, the school allowed her access to one of four single-occupancy restrooms. However, D.H.’s attorneys argued that this accommodation led to significant emotional distress.
Judge Reverses Previous Ruling After Court Precedents
In a 2023 ruling, U.S. District Judge William Campbell allowed D.H.’s Equal Protection Clause claim to move forward while dismissing the Title IX claims. However, in a new ruling on September 4, 2024, Judge Campbell dismissed the case entirely, citing key rulings in separate transgender-related lawsuits as the basis for his decision.
Judge Campbell pointed to a recent ruling from the 6th Circuit Court of Appeals, which upheld two other Tennessee laws — one banning gender-affirming care for minors and another prohibiting changes to sex designations on birth certificates. These rulings, Campbell said, influenced his decision in the bathroom case.
“Although Plaintiff identifies as a girl, the Act prohibits her from using the facilities that correspond to her gender identity, while students who identify with their biological sex at birth are permitted to use such facilities,” Campbell wrote. He added that the law treats both sexes equally and does not impose different rules for males and females.
Response from LGBTQ+ Advocates
The Human Rights Campaign (HRC), a prominent LGBTQ+ advocacy group representing D.H., expressed disappointment with the ruling. “This decision is a disappointing setback,” said Ami Patel, an attorney for HRC. “However, we will continue to fight for Tennessee’s LGBTQ+ youth so they can have the freedoms they deserve.”
The lawsuit was one of two that challenged the Tennessee Accommodations for All Children Act, a law that requires students to use restrooms corresponding to their biological sex at birth. The second lawsuit was dropped after the plaintiffs moved out of state.
Broader Context of Transgender Bathroom Laws in the U.S.
Tennessee is one of at least 11 states with laws that bar transgender girls and women from using girls’ and women’s bathrooms in public schools and other government facilities. Similar laws are in place in Alabama, Arkansas, Florida, Iowa, Kansas, Kentucky, North Dakota, Oklahoma, and Utah, though enforcement of such laws in Idaho has been temporarily put on hold by a judge’s order.
Tennessee has passed more anti-LGBTQ+ laws than any other state since 2015, according to the Human Rights Campaign. In 2023 alone, the Tennessee legislature advanced over 20 anti-LGBTQ+ bills, making it a battleground state for LGBTQ+ rights.
