A conservative legal group has filed a request with a federal court to invalidate a North Carolina school district's policy that permits biological males to use girls' bathrooms, claiming it violates Title IX. The group, America First Legal, is supporting a lawsuit from three female students at Cox Mill High School who reported that biologically male students accessed the girls' bathroom without intervention from school officials. One student, referred to as Mary Doe, stated that the principal suggested she use a staff restroom instead of prohibiting biological males from entering the girls' facilities. The lawsuit argues that the policy constitutes unlawful sex discrimination by failing to provide separate facilities for females, thus violating Title IX and the equal protection clause of the 14th Amendment.
The court filing references the Supreme Court's June ruling in West Virginia v. B.P.J., which upheld laws in Idaho and West Virginia that restrict biological males from participating in women's sports. The ruling emphasized that Title IX's definition of 'sex' pertains to biological sex rather than gender identity. America First Legal is seeking a preliminary injunction to prevent the Cabarrus County School Board from enforcing the current policy, asserting that it imposes unfair burdens on female students. AFL senior counsel Ian Prior stated that the policy undermines long-standing sex-based protections in educational settings.