Transgender teen sues Dakota School District over sports, bathroom access ban

DAKOTA, Ill. (WIFR) – A 14-year-old transgender girl and her family file a lawsuit against Dakota School District. They allege district leaders enforce a discriminatory and unconstitutional policy that bars her from using the girl’s bathrooms and locker rooms, and competing with the girl’s track team.

23 News first learned about this story in April, after a school board meeting in Dakota challenged the transgender student’s participation in sports. Parents and students expressed they didn’t think it was fair an athlete with male anatomy could compete in girl’s sports. As a result, school board members reversed a policy that allows equal opportunities for students based on their gender identities. The district allegedly enforces a new policy that requires athletes to join teams based on their assigned genders at birth.

23 News obtained a copy of the lawsuit from the Stephenson County Clerk’s Office. In the preliminary statement, the transgender girl and her family state the Dakota School District willfully chose to ignore laws established at the state and national level, to torment and ostracize the young trans girl.

Illinois lawmakers introduced legislation to restrict transgender girls from playing on girl’s and women’s teams, but it didn’t pass during the 2021 session. In addition, the Illinois High School Association makes the final say in a trans athlete’s participation. It requires schools to follow a list of procedures concerning transgender participation, including proof of medical documentation, like hormone treatments and gender reassignment surgery. The IHSA will review those documents with medical experts, before it makes a final decision about whether a transgender athlete can compete. Then, it will notify the school with its decision.

When it concerns bathroom access and gender identity in Illinois, people can use the restroom of their choice. By law, Illinois Legal Aid states an individual can’t be denied access to a public restroom.

Illinois law also states transgender students must have access to locker rooms that fit their gender identity, and schools must allow those students access to locker rooms of their choice. Illinois Legal Aid says it’s a form of discrimination to require transgender students to change in a single -use bathroom. Schools can’t require transgender students to use a private changing area or a curtain, either.

Anti-discrimination laws related to gender identity aren’t exclusive to Illinois.

The US Supreme Court passed a law in 2017 that states all LGBTQ+ people in the country are entitled to fair access of facilities, after extending the Civil Rights Act to include gender identity and sexual orientation.

23 News reached out to the Dakota School District for comment, but it declined. The family who filed the lawsuit and their attorneys also chose not to comment.

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