Missouri Supreme Court rules for transgender teen in bathroom use lawsuit

The Missouri Supreme Court ruled with a transgender teen in his lawsuit against a Kansas City-area school district over sex discrimination.

The court’s 5-2 decision sends his lawsuit back to Jackson County, where a judge there dismissed his case. The teen sued over the district stopping him from using the men’s restroom at school, despite his “legal sex” being male.

In the opinion written by Paul C. Wilson, justices agreed that the Missouri Human Rights Act grants protection to people on the basis of their sex. The opinion said the teen pleaded just enough facts to move forward with his lawsuit.

The teen, identified as R.M.A., attended Blue Springs South High School when he sued the district in 2016. The teen transitioned from female to male in September 2009, when he was in fourth grade. The state issued him a new birth certificate, and the district changed his school records “to reflect his traditionally male name,” according to court documents. The lawsuit claimed he suffered “emotional distress” when the school district denied him access to the boys’ bathroom and locker rooms, despite allowing him to participate in boys’ sports.

The dissenting opinion written by Chief Justice Zel Fischer said the other justices improperly extended the definition of sex beyond what the law allows. Fischer, joined by Justice Brent Powell, said the dictionary definition of sex pertains to the “biological classifications of male or female” and does not extend to transgender status.

“By focusing on R.M.A.’s allegation that his ‘legal sex’ is male while ignoring the allegation he is biologically female who transitioned to living as a male and self-identifies as male, the principal opinion implicitly, and without analysis, incorrectly extends the MHRA beyond biological sex to include claims of discrimination based on transgender status,” Fischer wrote.

Wilson, though, said the MHRA’s use of the word “sex” in granting protection is “wholly unqualified” as written.

“It is telling that — in an opinion emphasizing the significance of adhering to the plain language of the statute — the dissent must add the word ‘biological’ to the statute to reach its result,” Wilson said. “As this stage, R.M.A. is only required to allege he was discriminated against on the grounds of his sex — which he did.”

Kelli Hopkins, associate executive director of the Missouri School Boards’ Association, said she did not expect districts to need immediate changes to policy following the decision. Hopkins said the outcome of the trial, should one take place, could have wide-ranging effects. She encouraged school boards to continue to focus on policies that ensure a safe learning environment for students.

“It doesn’t matter what else is going on in their lives, that is our obligation,” Hopkins said.

Hopkins said districts should ensure all of their buildings have at least one unisex, private bathroom that everyone could use. She acknowledged, though, that is does not solve the issue of inclusion in public schools at the center of the Blue Springs case.

Hopkins also encouraged districts to meet with transgender students and their families to figure out what would help them in school.

“They need to find out what are the goals as a student,” Hopkins said. “Are you transitioning now? What’s been your transition process? What are your future plans for transition? What would you like us to do?”

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