Illinois Federal Court: Allowing Transgender Student in Girls' Restroom Does Not Violate Equal Protection or Title IX

A federal court has dismissed a lawsuit claiming that allowing an allegedly biologically male transgender student to use the girls' restroom violates the Equal Protection Clause and Title IX.

Case Background

The case, F.F. v. Valley View Comm. Unit School Dist. 365U, was decided Monday by Judge Sharon Johnson Coleman of the U.S. District Court for the Northern District of Illinois.

Plaintiff's Account

The plaintiff, an 18-year-old female student formerly enrolled at Bolingbrook High School, alleged the following:

• On November 4, 2024, she entered a girls' multi-use restroom labeled "girls' bathroom."
• After using a stall, she observed a transgender student she recognized, dressed in "male-typical clothing … with no visible indication of female identity," standing near her stall.
• She feared the student could have seen her undergarments or exposed body through gaps in the stall door.
• She did not allege that the student actually saw or attempted to see her, but claimed to have experienced "intense feelings of anxiety, discomfort, and shame" from the possibility.

School's Response

On November 7, 2024, the plaintiff's father reported the incident to the school principal, Dr. Pascavage. The principal responded that:

• The transgender student had been granted restroom access under an Individual Development Plan outlining gender-identity accommodations.
• The school offered the plaintiff access to single-use staff restrooms to address her privacy concerns.

During a meeting on November 12, 2024, Dr. Pascavage explained that the school followed guidance from the Illinois Department of Human Rights (IDHR), which states:

"Use of restrooms, locker rooms and changing rooms may not be restricted based upon a student's physical anatomy or chromosomal sex. A student must be permitted to access restrooms or bathrooms, locker rooms and changing rooms that align with their gender-related identity and without having to provide documentation or other proof of gender."

The guidance further notes that "the discomfort or privacy concerns of other students, teachers, or parents are not valid reasons to deny or limit the full and equal use of facilities based on a student's gender-related identity."

Subsequent Events

• The plaintiff's father expressed frustration with the policy at a December 9, 2024, school board meeting, highlighting gaps in stall doors.
• Between December 20, 2024, and January 6, 2025, the school installed rubber strips and opaque material on girls' restroom stalls.
• In January 2025, the plaintiff was denied access to a staff restroom by a librarian.
• She then deliberately used girls' restrooms far from the original incident, only during class hours, which she claims caused lost instruction time, disrupted her routine, and diminished her sense of safety.

Court's Decision

The court rejected the plaintiff's claims, finding that the school's policy and accommodations did not violate the Equal Protection Clause or Title IX.