Though the Supreme Court decided on Monday not to take up an appeal from parents who want to prevent students from using the school locker rooms and bathrooms for the gender with which they identify, one attorney doesn't think they'll have to wait long for another challenge.
In the case from a school district in Dallas, Oregon, near the state capital, parents sued over the policy in 2017, saying it caused embarrassment and stress. A lower court refused to block the policy, and the Ninth Circuit Court of Appeals affirmed that ruling, writing that the school district did not violate students' constitutional rights or a law that protects people from discrimination based on sex in education programs.
"We're really left not knowing why the Supreme Court didn't take the case," says Mat Staver, founder and chairman of Liberty Counsel. "On the other hand, what we do know is that … and there's many other cases like this that will make their way to the U.S. Supreme Court; they're probably looking just for the right case where … those that want to take the case, they're going to want to, I believe, overturn a bad decision."
So while concerned parents will have to wait, he asserts their wait will not be long, "because there are many others that will be percolating up to the high court."
Until then, Staver advises students and parents to complain and "go vigorously to all the authorities," because it is a matter of privacy and a matter of protecting young girls.
"We know some unfortunate situations where some girls are so afraid to even use the restroom that they don't use the restroom during the day, which causes some accidents later on," the attorney relays.
He calls what is being done to young girls "absolutely embarrassing," uncalled for, unnecessary, and inhumane.
About 15,000 people live in Dallas, a town in an agricultural area 15 miles west of Salem.