North Carolina Father Sues School District Over Bathroom Policy

A father from North Carolina is taking legal action against his children’s school district. He wants to know whether biological males could use restrooms meant for his fourth-grade daughter.

Brandon Matthews, whose daughter is at Mount Pleasant Elementary School, and whose son will be a senior at Mount Pleasant High School, made a request in May. He asked both principals to inform him if members of the opposite biological sex were allowed to use the facilities his children use. According to his lawsuit, he did not seek specific student identities. However, Matthews still lacks the information he asked for, says his attorney.

Brandon Matthews does not currently know whether a male is using his fourth grade daughter’s bathroom, stated Nicholas Barry, senior counsel with America First Legal Foundation.

The lawsuit targets Cabarrus County Schools, demanding clarity on policies regarding sex-separated restrooms and locker rooms. During a school board meeting on May 11, Matthews spoke out. He urged that boys and girls should remain in separate bathrooms.

Matthews also turned to his daughter during the meeting. She spoke, saying, I’m personally a girl and I wouldn’t want a boy following me in the girls’ bathroom. It’s inappropriate. Matthews used strong language at the meeting, expressing a desire to protect his daughter.

Following the meeting, he requested written assurance that no biological male would use the restrooms his children access. Both principals replied on June 8. The elementary school principal noted the confidentiality of student matters, refusing to disclose specific student information. The high school principal provided a similar response.

The lawsuit, filed in the Middle District of North Carolina, involves the Cabarrus County Board of Education, Superintendent Dr. John Kopicki, and the school principals. Matthews is supported by America First Legal Foundation and co-counsel Philip Thomas.

Matthews seeks a preliminary injunction compelling the district to reveal policies on bathroom access. He’s requesting notification if members of the opposite sex are allowed or have accessed facilities used by his children. His religious beliefs hold that sex is unchangeable, and his children should not have to share facilities with members of the opposite sex.

Matthews has been unable to find a clear policy outlining when students are expected to share restrooms with the opposite sex. School Board attorney William Isenhour stated the district handles bathroom situations individually, aiming to address all students’ and families’ concerns.

The lawsuit seeks advance notice and the option for Matthews to opt his children out of situations where they might share restrooms with opposite sex members. The case draws from the Supreme Court’s decision in Mahmoud v. Taylor, which centered on parents’ rights to opt children out of specific lessons based on religious beliefs.

Barry suggests that a win could influence school policies nationwide, ensuring parents receive notice and opt-out opportunities regarding restroom usage by the opposite sex. The case is America First Legal Foundation’s second lawsuit on sex-separated facilities against Cabarrus County Schools. The first case involves allegations at Cox Mill High School.

Matthews’ attorneys emphasize that their lawsuit seeks information and notice only. They do not pursue an order restricting any student from a facility. The legal battle continues, with Matthews awaiting a court ruling on his claims.