Lawsuit Against Riverside School District over Transgender Policy Expands to State
Attorneys for two high school students who faced repercussions for wearing T-shirts expressing opposition to a transgender student receiving accommodations on the girls' track-and-field team announced today that a lawsuit targeting the Riverside Unified School District has expanded to include state agencies.
The plaintiffs, identified only as ``K.S.,'' a ninth-grade cross country competitor, and ``T.S.,'' an 11th-grader and girls' team captain initiated their federal civil rights action in November, relying on legal representation by Murrieta-based Advocates for Faith & Freedom.
The organization's lawyers said Friday that in addition to the school district, their clients are now suing the California Office of the Attorney General and the California Department of Education. The basis for that expansion is Assembly Bill 1266 and its implementation a decade ago.
``AB 1266 undermines female athletes, forcing them to compete against biological males who hold undeniable physical advantages,'' according the plaintiffs. ``This is not equality. This is an assault on fairness (and) safety.''
They said Attorney General Rob Bonta and Superintendent of Public Instruction Tony Thurmond are violating students' rights by enforcing AB 1266. The measure is focused on ``pupil rights,'' expanding on Section 221.5 of the California Education Code regarding students' participation in courses and extracurricular activities.
The law mandates that a ``pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records.''
The plaintiffs directly blame the measure for ``discriminatory practices'' that they argue have harmed them.
Their civil suit, filed in U.S. District Court in Riverside, seeks injunctions against the school district, particularly Martin Luther King High School, alleging First and 14th Amendment violations.
Neither Bonta's nor Thurmond's spokespersons immediately responded to requests for comment. RUSD administrators have consistently declined to comment.
``The suit contends that RUSD's policies unfairly restrict their freedom of expression and deny them fair and equal access to athletic opportunities,'' according to the plaintiffs.
The two girls wore shirts early last year bearing the messages ``Save Girls' Sports'' and ``It's Common Sense -- XX (does not equal) XY.'' Advocates for Faith & Freedom allege MLK High staff ``ordered the students to remove or conceal the shirts, claiming they created a `hostile' environment, comparing wearing these shirts to wearing a swastika.''
``The civil complaint highlights RUSD's failure to comply with Title IX, which guarantees equal athletic opportunities based on biological sex,'' according to the plaintiffs. ``T.S. was ousted from her position on the varsity cross country team to make room for a biological male transgender athlete, who did not consistently attend practices and failed to meet the team's strict qualifying requirements. As a result, T.S. missed opportunities to compete at a high-profile meet, losing valuable chances for college recruitment and recognition.''
The girls said the district's policies promote ``selective enforcement of dress codes'' that impinge on free speech and undermine Title IX by not ensuring ``fair athletic opportunities for female students.''
Since the surge in publicity over the plaintiffs' legal action, ``more than 200 students have worn `Save Girls' Sports' shirts on campus in solidarity with K.S. and T.S., sending a message to school administrators and state officials that discrimination against female athletes will not be tolerated,'' according to the plaintiffs.
MLK has been a hotbed of activity connected to the presence of transgender students. Last year, one of them was reportedly expelled for assaulting a girl in a dispute over the individual's use of a designated female locker room.
