On Thursday, the American Civil Liberties Union (ACLU) of Alaska filed a notice of appeal in the case X.A. v. Mat-Su Borough School District (MSBSD) to restore the rights of transgender students to use the bathroom that matches their gender identity. The notice of appeal was submitted to the Alaska Supreme Court.
“The Alaska Constitution is clear in its promises to equal protections and privacy for every single Alaskan, including transgender students,” said Ruth Botstein, Legal Director for the ACLU of Alaska. “We are appealing the trial court’s decision because we firmly believe that MSBSD’s policy is unconstitutional because it violates transgender students’ rights to privacy and equal protection under the Alaska Constitution.”
In October 2022, the MSBSD approved Board Policy 5134, which states that the use of restrooms and changing areas must be restricted to the exclusive use of students’ biological sex as identified at the time of birth. This prevents transgender students from using bathrooms and locker rooms that match their gender identity. The ACLU of Alaska filed the case in January 2024, representing a set of parents bringing the case on behalf of their transgender son.
Following a four-day trial in April, 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 did order that the District’s computer systems must use the student’s preferred name that corresponds to his gender identity.
“The ACLU of Alaska is absolutely committed to the pursuit of equal treatment under the law for transgender Alaskans, and we look forward to continuing to press for these essential civil rights before the Alaska Supreme Court,” said Mara Kimmel, Executive Director for the ACLU of Alaska.
The court will now prepare the court file in the next 30-45 days. The parties will then fully brief the issues to the Alaska Supreme Court.