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North Carolina father sues school after it allegedly won’t say if biological males will be permitted to use the same bathroom as his daughter

A North Carolina father has taken his fight for information to the federal court system after he says his children’s school district refused to clarify its bathroom policies, Fox News reported. Brandon Matthews, a parent with children at Mount Pleasant Elementary School and Mount Pleasant High School, is currently suing the Cabarrus County Board of Education. He claims he’s been left in the dark regarding whether biological males are permitted to use the same restrooms or locker rooms as his kids.

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Matthews, who is a practicing Christian, stated in a sworn declaration that his religious beliefs lead him to believe that sex is immutable. He maintains that his children shouldn’t be expected to use restrooms or undress in the presence of members of the opposite sex. Because he hasn’t been able to find a written, public policy on the matter, he’s turned to the courts to get some answers.

The conflict reached a boiling point in May. Matthews appeared at a school board meeting with his daughter, where he urged officials to keep boys and girls in separate bathrooms. During his remarks, his daughter told the board, “I’m personally a girl and I wouldn’t want a boy following me in the girls’ bathroom,” adding, “It’s inappropriate.” Matthews also used heated language at the meeting, warning officials he could “get aggressive” and stating, “Anytime somebody touches this little girl, I’m gonna hang them from my garage.”

Shortly after that, he put his request in writing

He asked the principals at both of his children’s schools to notify him if any biological male was permitted to use the female restrooms his children frequent. The principals responded on June 8, effectively stating they couldn’t disclose that information. They cited the confidentiality of student records, noting that the school “cannot confirm, disclose, or provide advance notice regarding the status, identity, or accommodations of any particular student.”

His attorney, Nicholas Barry, argues that this response is essentially a non-answer. Barry, who is senior counsel at the America First Legal Foundation, noted that Matthews isn’t asking for the names of any specific students. “Brandon Matthews does not currently know whether a male is using his fourth grade daughter’s bathroom,” Barry said. “And does he have a constitutional right to know that? We say ‘yes.’ Without that information, he’s just in the dark and… He really can’t make any good decisions without that information.”

The lawsuit, which was filed in the Middle District of North Carolina, also names Superintendent Dr. John Kopicki and the school principals as defendants. Matthews is seeking a preliminary injunction that would force the district to disclose its policies and inform him if a member of the opposite sex is authorized to enter or has entered the facilities used by his children. He’s also looking for a meaningful opportunity to opt his children out of these situations.

It’s worth noting that the lawsuit doesn’t claim Matthews knows for a fact that a biological male has used his daughter’s bathroom. Instead, it’s a push for transparency. The district has previously stated, through attorney William Isenhour, that it addresses such situations on a case-by-case basis to meet the needs of all families.

As this case moves forward, the outcome could set a precedent for how school districts across the country handle parental notification regarding facility usage. For now, Matthews and his legal team are waiting to see how the court rules on his request for more information.


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Image of Manodeep Mukherjee
Manodeep Mukherjee
Manodeep writes about US and global politics with five years of experience under the belt. While he's not keeping up with the latest happenings at the Capitol Hill, you can find him grinding rank in one of the Valve MOBAs.