South Carolina's attorney general submitted a legal brief with others supporting several states challenging federal intrusion into the authority of local school districts to set their own policies on the use of opposite sex restrooms by transgender students.
South Carolina Attorney General Alan Wilson was one of four attorneys general and two governors who submitted an amicus brief, also known as a "friend of the court brief," in the case of G.G. v. Gloucester County School Board.
The case focuses on whether the federal government can force local school districts to mandate transgendered students be allowed to choose which gender-specific facilities, including locker rooms and restrooms, they will use.
The brief filed by the six states asserts:
"This Court should hesitate long before becoming the first court ever, anywhere in the United States, to force schools to admit adolescent biological females into boys' bathrooms and locker rooms, and adolescent biological males into girls' bathrooms and locker rooms. If such a social revolution is to be wrought, it must come from the democratically elected legislature, not the courts or the executive."
A transgender student, born a female, at Virginia's Gloucester County High School filed a lawsuit in June against the school board. The student, identified as "G.G.," claimed the district's policy prevented him from using the boy's restroom, thus violating Title IX of the U.S. Education Amendments of 1972 and the 14th Amendment's Equal Protection Clause. A federal district judge denied the student's request for an injunction in September, according to a release from Wilson's office.
In October, the Obama Administration filed a brief with the 4th Circuit Court of Appeals in support of G.G.
In addition to Wilson, the brief was also signed by Attorneys General Mark Brnovich of Arizona, Jim Hood of Mississippi and Patrick Morrisey of West Virginia; along with Governors Paul LePage of Maine and Pat McCrory of North Carolina.