In November 2024, Public Justice and its co-counsel filed a class action lawsuit on behalf of a transgender teen, “John Doe,” his family, and Alliance for Full Acceptance (AFFA), an LGBTQ+ rights organization, to protect transgender students in South Carolina whose civil rights are being violated. Specifically, the lawsuit challenged a South Carolina budget proviso that openly flouts federal law by requiring all K-12 public schools in the state to exclude transgender students from using bathrooms that correspond to their gender identities — or risk losing a quarter of their state funding.
Because of the discriminatory budget proviso, John was suspended for using the boys’ bathroom at his middle school. Things got markedly worse when he returned to school, to the point that John felt forced to withdraw and enroll in an inferior online program. But he had renewed hope last summer, when the U.S. Court of Appeals for the Fourth Circuit granted a preliminary injunction in John’s favor while he appealed the district court’s denial of his motion. This allowed John to use the boys’ bathrooms when he returned to in-person school to begin ninth grade. Unfortunately, John’s hopes were quickly dashed. Soon after starting high school, he experienced additional anti-transgender discrimination, including harassment from school staff and students, and had to withdraw from school yet again. So, John voluntarily dismissed his appeal, and the case went back to the district court.
While challenging South Carolina’s bathroom ban, John continued to face transphobic harassment, and South Carolina passed more discriminatory laws that feed baseless stereotypes about, and hostility toward, transgender people. This summer, John and his family decided to relocate to another state so John can attend school in a safe, inclusive learning environment. As a result, they have decided to dismiss their lawsuit.
Public Justice, Correia & Puth, LLC, Wardenski PC, and Lee Segui PLLC, who represented John and his family in the lawsuit, stated the following on the suit’s dismissal:
“Because of the rampant hostility and the growing lack of safety for transgender children and their families in South Carolina, John Doe and his family were forced to uproot and relocate, so are dismissing their case. Like all children, John has a right to attend school in a safe environment where he is respected and valued. South Carolina, however, has actively worked to foment a hostile environment within its schools and the state as a whole.
Although the conditions in South Carolina have forced our clients to dismiss their case, the fight to protect transgender students’ rights does not end here. Make no mistake: South Carolina’s bathroom bans, in its budget provisos and the recently passed Student Physical Privacy Act, are discriminatory and harmful. And school officials still have a legal obligation to protect all students, including transgender students. We will continue to work with AFFA and others to ensure that transgender students can safely attend schools in the state.”
Ashely Peele, Executive Director of Alliance for Full Acceptance (AFFA), a plaintiff in the lawsuit, stated the following about the dismissal:
“It’s heartbreaking that the state we call home has become so hostile that John Doe and his family had to relocate to ensure John gets the safe education he deserves. AFFA will continue to fight for South Carolina’s LGBTQ+ community and will work with our partners to ensure that transgender students have the same protections and rights as every other student in our state.”