CHARLOTTE, N.C. — A lawsuit filed on Nov. 13 alleges South Carolina's new bathroom law violates students' constitutional rights.
The case comes five months after the state’s bathroom law took effect, requiring students to use school bathrooms based on their biological sex.
A 13-year-old transgender boy is at the center of this legal battle after he was allegedly suspended from his Berkeley County middle school for using the boys' bathroom.
The student's identity is protected, but WCNC Charlotte spoke with the LGBTQ rights group advocating on his behalf. Alliance for Full Acceptance claims South Carolina’s bathroom law violates federal law and should be halted.
"If you're going to target trans students and trans young people in our state in ways that are blatantly unconstitutional, you will be taken to court," Chase Glenn, executive director of AFFA, said.
Glenn said the bathroom law is impacting transgender students statewide.
"We want schools to be safe, inclusive spaces ," he added.
The law took effect in July as a one-year budget proviso. However, lawmakers could pass a permanent one during their next session.
"A boy will use the boys' bathroom, the boys' locker room, the boys' changing room," Sen. Wes Climer said while explaining his budget amendment to the state Senate in April. "A girl will use the girls' bathroom, the girls' locker room, and the girls' changing room."
The York County senator pushed for the bathroom law after learning about a transgender student in his district.
"At Rock Hill High School today, there is an 18-year-old man who is daily using the women’s locker room and their bathroom," Climer alleged. "This amendment will rectify that very obvious problem."
Federal regulations under the Biden administration prohibit these bathroom laws under Title IX.
However, according to NBC News, courts have blocked those federal regulations in the 26 Republican-led states, including South Carolina, that sued to stop them.
The Berkeley County School District said it can’t comment on the case and the state Department of Education has not responded to WCNC Charlotte's request for comment at the time of publication.
Contact Julia Kauffman at jkauffman@wcnc.com and follow her on Facebook, X and Instagram.