Indiana Attorney General Todd Rokita is spearheading a 25-state coalition urging a federal appeals court to reverse rulings that require schools to allow students to use bathrooms and locker rooms based on gender identity.
In an amicus brief filed Monday, the states argue that policies limiting access to facilities based on biological sex are constitutional, reasonable, and essential for protecting student privacy and safety.
The filing asks the court to overturn two earlier decisions, including a 2023 case in which the U.S. Court of Appeals for the Seventh Circuit ordered the Metropolitan School District of Martinsville to allow a transgender male student to use the boys’ restroom.
“Schools deserve the freedom to enact policies that reflect community values and protect our kids,” Rokita said. “Mandating co-ed bathrooms or showers ignores biological realities and undermines privacy and safety.”
The brief cites the U.S. Supreme Court’s recent decision in United States v. Skrmetti, which the coalition says affirms that policies applied equally to all students based on biological sex do not violate the Equal Protection Clause or Title IX.
The states also argue that Title IX, passed in 1972, permits sex-segregated facilities and was never intended to require access based on gender identity. The Arizona State Legislature joined the brief alongside the 25 attorneys general.
