A North Dakotan judge is asking the district to allow his daughter to use the girls restroom because he says it violates his religious beliefs.
In a ruling released Wednesday, Judge Stephen R. Laughlin said the school districts policy of allowing girls to use a restroom that corresponds with their gender identity is unconstitutional because it violates the rights of parents to determine what their daughters can and cannot do.
The school district, which is located in Fargo, has been embroiled in a legal battle with the parents of the district’s student body president.
In June, the district announced it would not let the transgender girl, who is identified as a girl, use the boys’ restroom at the school’s campus in Fargo.
But Laughlin wrote in his ruling Wednesday that he was concerned the school would not allow her to use those facilities unless she agreed to do so under his personal religious beliefs.
“It seems to me that the policy violates the fundamental right of an individual to choose for himself whether to participate in a public school environment that corresponds to his or her gender identity,” Laughlin told the Fargo Tribune.
“I think it’s a reasonable accommodation that is permissible under the law.”
The court ruling comes after a yearlong battle between the transgender teen and the school board over her restroom use.
Laughing off the court ruling, the school has continued to allow her access to the facilities.
Laughing, the parents said they felt compelled to fight back.
“The fact that the judge found the school in violation of the First Amendment does not mean we are going to win this,” the parents told The Associated Press in June.
“We are not.”