On November 12, 2024, Wardenski P.C., together with Public Justice, a national non-profit legal advocacy organization, and Milberg Coleman Bryson Phillips Grossman, PLLC, filed a class action lawsuit in South Carolina federal court on behalf of a transgender teenager, a proposed class of transgender public school students in South Carolina, and social justice organization Alliance for Full Acceptance.

The lawsuit challenges South Carolina’s Budget Proviso 1.120, enacted in July, which openly flouts federal law by requiring all K-12 public schools in the state to exclude transgender students from using restrooms that correspond to their gender identities — or lose a quarter of all state funding. The U.S. Court of Appeals for the Fourth Circuit, whose opinions are binding on South Carolina, has already held that such policies violate the U.S. Constitution and Title IX of the Education Amendments of 1972.

The lead plaintiff, known as John Doe in the lawsuit, is a transgender thirteen-year-old boy living in Berkeley County, South Carolina. This fall, because of Proviso 1.120, John’s middle school suspended him for using boys’ restrooms. His parents subsequently withdrew him from the school because it threatened John with escalating discipline — including potential expulsion — if he continued to use boys’ restrooms. John has asked the court to allow him to bring his Title IX and constitutional claims as a class action, so that a favorable ruling can protect all transgender students in South Carolina public schools.

Joseph Wardenski, the founder and principal attorney of Wardenski P.C., says: “Every day that Proviso 1.120 remains in effect, countless transgender students across South Carolina are being harmed. As courts around the country have held, these types of bathroom bans cause trans students to suffer needless and preventable stigma, distress, and physical injuries. To prevent these harms, we will ask the court to intervene immediately to stop South Carolina from enforcing this discriminatory policy.”

Alexandra Brodsky, a senior attorney at Public Justice, says: “Proviso 1.120 is illegal, plain and simple. Trans students are not political pawns. Their rights are not optional. And the human stakes are too high for states like South Carolina to break the law to score political points: Thousands of students are paying the price with their health and educations.”

“I will not allow school officials or lawmakers to dehumanize my child because of their own ignorance. Adults need to educate themselves, read the science, and stop attacking students,” said John Doe’s father. “All students deserve to feel safe and supported in school, including my son.”

“Lawmakers who continue to target transgender youth with blatantly unconstitutional legislation should take note. If you pass these laws, you will be taken to court,” says Chase Glenn, Executive Director at Alliance for Full Acceptance.

Documents

Complaint

Media

Trans students have a fighting chance in lawsuit against South Carolina bathroom ban (Into | 11.17.2024)

South Carolina slammed with lawsuit from 13-year-old trans boy over bathroom rights (Advocate | 11.14.2024)

Berkeley County student files lawsuit in South Carolina over transgender bathroom rule (WCBD News 2 | 11.14.2024)

South Carolina trans student sues school district and state over bathroom rule (NBC News | 11.13.2024)