For over a century, this school district has prohibited biological males and biological females from using the same intimate facilities, even disciplining students for violating this rule. At a school board meeting on September 13, 2021, a faculty member proposed changing the longstanding rules and asked the Board to allow students to use facilities of their preferred “gender identity.” On January 10, 2022, the Board announced it had adopted the proposed change, claiming it was necessary to comply with the law without public discussion, deliberation, or voting. This violated Ohio state law, providing that “any resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body.”
AFL sued the school board on behalf of a group of parents and students, seeking to stop their children from having to use bathrooms with members of the opposite biological sex.
The District Court dismissed the case for lack of standing. It is currently on appeal at the U.S. Court of Appeals for the Sixth Circuit.