The ACLU of Alaska filed litigation against the Matanuska-Susitna Borough School District (MSBSD) over its preventing transgender students from using bathrooms and locker rooms that match their gender identity (Policy No. 5134 BP). The MSBSD board approved this policy in October 2022.
The ACLU of Alaska is representing a set of parents bringing the case on behalf of their transgender son. Under this policy, every day, their child faces mental and physical challenges because he is denied access to the boys’ bathrooms, even though he is a boy.
MSBSD Policy 5134 BP infringes on the student's constitutional right to privacy because it violates his fundamental right to make his own choices about his body, his name, his gender identity, and the appropriate bathroom for him to use. This policy also violates the Equal Protection Clause of the Alaska constitution because it treats transgender students differently than other students.
Following a four-day trial in April 2025, the court concluded that even though the District’s policy distinguishes between students based on sex assigned at birth and results in differential treatment of transgender students, the policy does not violate the equal protection or privacy provisions of the Alaska Constitution.
However, the Court criticized the school district’s information policy to the extent that it did not consistently use the child’s preferred name in all communications that did not require the use of a student’s legal name. The Court agreed to extend its preliminary injunction requiring the District to ensure that its computer systems consistently use the student’s current name that corresponds with his gender identity. The District will be under a continuing obligation to use the student’s preferred name.
The court has not yet issued a final judgment in the case. The ACLU of Alaska is currently supporting the student and their family in considering further appeal options.
