North Carolina Father Sues School District Over Bathroom Policy Disclosure

A father in North Carolina is taking legal action against his children’s school district. Brandon Matthews has filed a lawsuit demanding clarity on policies regarding bathroom access for biological males in his fourth-grade daughter’s school. Matthews, whose son attends Mount Pleasant High School, initially questioned school principals in May about whether students of the opposite biological sex could use the same facilities as his children.

According to the lawsuit, Matthews didn’t want names of any students; he sought only policy details. However, he still lacks clear answers. His attorney, Nicholas Barry, argues that Matthews has a constitutional right to this information. Without it, Matthews remains uncertain about the situation.

“Brandon Matthews does not currently know whether a male is using his fourth grade daughter’s bathroom,” Barry stated. He insists that this information is crucial for Matthews to make informed decisions.

Matthews’ concerns surfaced publicly on May 11 at a school board meeting. Accompanied by his daughter, he advocated for gender-separate bathrooms. His daughter expressed discomfort with the idea of boys in the girls’ bathroom, stating it was inappropriate. Matthews used strong language in his appeal, emphasizing his commitment to his daughter’s safety.

Later, Matthews formally requested both his children’s principals to inform him if biological males were allowed to use bathrooms or locker rooms designated for his children. The elementary principal responded, citing student confidentiality laws as the reason they could not disclose such information.

Barry argues this response avoided the question at hand. He states, “The explanation is straightforward. They don’t want to answer him,” asserting that no student-specific information was requested, making it a non-response.

The lawsuit names the Cabarrus County Board of Education, Superintendent Dr. John Kopicki, and the principals of the schools as defendants. Matthews has also requested a preliminary injunction for disclosure of the district’s policies on bathroom access.

Matthews, a Christian, references his religious beliefs regarding immutable sex, arguing that his children shouldn’t have to use restrooms with members of the opposite sex. The lawsuit doesn’t claim knowledge of any male using the daughter’s bathroom. Instead, it seeks clarity on policies and practices.

An earlier school board meeting revealed that policies are handled case-by-case, without a standard approach, according to school board attorney William Isenhour. Matthews seeks timely notice and the chance for his children to avoid such situations.

Barry believes success in this case could influence other schools to disclose such policies, promoting parental rights to opt-out options.

America First Legal Foundation has previously sued the district over related issues involving high school facilities, but Matthews’ case stands apart. The organization argues based on a Supreme Court decision involving parental rights to notice and opt-out from LGBT instruction.

The lawsuit claims the district violated Matthews’ rights under the Free Exercise Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment. Matthews seeks only information, not to prevent any student from using specific facilities.

Cabarrus County Schools has not yet provided a comment on the matter.