A father in North Carolina is taking legal action against his children’s school district. Brandon Matthews is concerned about the bathroom policies at Mount Pleasant Elementary and Mount Pleasant High School, where his children attend. He wants to know if biological males are permitted to use the same restrooms as his fourth-grade daughter.
In May, Matthews requested that the principals notify him if any members of the opposite biological sex were allowed to use the restrooms or locker rooms alongside his children. He didn’t ask for the identification of any specific student. His attorney, Nicholas Barry, says Matthews still doesn’t have an answer.
“Brandon Matthews does not currently know whether a male is using his fourth grade daughter’s bathroom,” Barry stated. “Does he have a constitutional right to know that? We say ‘yes.'”
Matthews’ concerns began before filing the lawsuit. At a school board meeting on May 11, he urged that boys and girls be kept in separate bathrooms. He emphasized the need for gender-specific restrooms, suggesting the creation of additional facilities if needed. His daughter also expressed discomfort during the meeting.
Subsequent exchanges with the school revealed no clarity. The elementary school principal cited confidentiality regarding individual students, while the high school principal offered a similar response. Matthews’ attorney argues these are non-answers since no personal student information was requested.
On Friday, Matthews and his legal team requested a preliminary injunction, asking the court to compel the district to disclose its policies on sex-separated bathrooms. He wants to know if any opposite-sex individuals had used, or were permitted to use, facilities used by his children.
Matthews practices Christianity, believing in the immutability of sex, and feels his children shouldn’t be expected to share intimate facilities with the opposite sex. His lawsuit alleges the district has violated his rights under the First and Fourteenth Amendments.
America First Legal Foundation, representing Matthews, also challenges the district’s policies in another case involving similar concerns. They argue that parents deserve notice and an option to opt their children out of potentially uncomfortable situations.
Matthews’ legal team relies on the Supreme Court’s precedent in Mahmoud v. Taylor. This decision supported parents’ rights to notice and opting out of certain educational content, advocating that similar rights should apply to bathroom and locker room access issues.
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