Attorney General Todd Rokita is leading a 23-state coalition in filing an amicus brief with the U.S. Supreme Court, calling on the Court to stay a Fourth Circuit injunction blocking a South Carolina school’s policy to maintain sex-specific bathrooms and locker rooms.
In the brief, filed today, Attorney General Rokita argues that policies requiring students to use facilities aligned with their biological sex are constitutional, reasonable, and essential for safeguarding student privacy and safety. The coalition challenges the Fourth Circuit’s reliance on Grimm v. Gloucester County School Board, which wrongly mandated schools to allow bathroom access based on gender identity rather than sex.
“No child should fear for their safety or privacy when using a bathroom, changing in the locker room, or showering after sports,” said Attorney General Rokita. “Forcing schools to mix boys and girls in these types of spaces shouldn’t be allowed or tolerated, and we’re going to continue fighting to stop it.”
The Fourth Circuit’s injunction stems from a challenge to South Carolina’s law requiring sex-specific restrooms and locker rooms, claiming it violates the rights of a transgender student. The coalition’s brief, citing the U.S. Supreme Court’s ruling in United States v. Skrmetti, asserts that policies applied equally to all students regardless of sex comply with federal law and do not discriminate.
This effort builds on Indiana’s leadership in a 25-state brief filed recently, supporting the Metropolitan School District of Martinsville in a similar Seventh Circuit case, reinforcing the right of schools nationwide to maintain sex-specific facilities.
The brief warns that the injunction endangers students by undermining privacy and exposes schools to liability for failing to maintain safe, sex-separated facilities. This case has far-reaching implications for schools nationwide, as similar policies face legal challenges in multiple states.
“Title IX and the Constitution empower schools to prioritize student safety and local control, not to force policies that disregard biological reality,” Attorney General Rokita added. “We won’t surrender even a single inch on this issue because enabling this madness is destructive. We need to protect kids and ensure schools can make commonsense decisions without judicial overreach.”
Attorney General Rokita remains steadfast in defending parental rights, student well-being, and local schools’ autonomy.
