Illinois federal judge: Allowing transgender student in girls' restroom does not violate Equal Protection Clause or Title IX

Case Background

In F.F. v. Valley View Comm. Unit School Dist. 365U, decided Monday by Judge Sharon Johnson Coleman (N.D. Ill.), the court rejected claims that a school's policy allowing a transgender student to use the girls' restroom violated the Equal Protection Clause and Title IX.

Key Facts

• Plaintiff: An 18-year-old female formerly enrolled at Bolingbrook High School.
• Incident: On November 4, 2024, at approximately 10:00 a.m., the plaintiff entered a girls' multi-use restroom labeled "girls' bathroom." After using a stall, she observed a transgender student—whom she recognized—standing near her stall, dressed in "male-typical clothing … with no visible indication of female identity."
• Plaintiff's Response: She feared the student could have seen her undergarments or exposed body through gaps in the stall. While she alleged no facts indicating the student actually saw or attempted to see her, she claimed to have been "triggered" and experienced "intense feelings of anxiety, discomfort, and shame."

School's Response

On November 6, 2024, the plaintiff described the incident to her father, Mr. Fisher. The following day, he texted the school's principal, Dr. Pascavage, to report the incident and raise privacy concerns.

Dr. Pascavage responded that:

• The transgender female student had been granted access to the girls' restroom 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 an in-person meeting on November 12, 2024, Dr. Pascavage explained that the school followed guidance from the Illinois Department of Human Rights (IDHR), titled "Guidance on Protection of Students in Illinois: A Non-Regulatory Guidance Relating to Protection of Transgender, Nonbinary, and Gender Nonconforming Students."

IDHR Guidance (2021)

The publication provides guidelines on complying with the Illinois Human Rights Act (IHRA) in school settings, stating:

- 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 facilities that align with their gender-related identity, without having to provide documentation or other proof of gender. - 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. - Any student, teacher, or other individual seeking more privacy should be accommodated by providing a more private option upon request, if possible. - "The prejudices of others are part of what the [Act] was meant to prevent. [T]here is no right that insulates a student from coming in contact with others who are different."

Subsequent Events

• November 2024: Mr. Fisher expressed frustration with the school's policy, arguing that the offer of an alternative facility was insufficient.
• December 9, 2024: At a public Board of Education meeting, Mr. Fisher raised concerns about transgender students' access to girls' restrooms, highlighting gaps in stall doors.
• December 20, 2024 – January 6, 2025: The school installed rubber strips and opaque material on toilet stalls in the girls' restrooms.
• January 2025: The plaintiff attempted to use a staff restroom in the school library but was denied access by the librarian.

Plaintiff's Alleged Harm

Discouraged, the plaintiff took deliberate care to use other girls' restrooms as far as possible from the one where the initial incident occurred. She used these restrooms only during class hours, which she alleged:

• Caused her to lose classroom instruction time
• Disrupted her routine
• Heightened her unease
• Diminished her sense of safety at the school

She further claimed that this fear caused her to... (text cut off)