A North Carolina father, Brandon Matthews, has filed a federal lawsuit against Cabarrus County Schools, alleging that district officials refused to disclose whether biological males are permitted to use the same restrooms and locker rooms as his fourth-grade daughter. The lawsuit, filed in the Middle District of North Carolina, asserts that the school district's lack of transparency violates his constitutional rights.
Matthews, represented by the America First Legal Foundation and co-counsel Philip Thomas, initially requested notification from his children's school principals in May if a member of the opposite biological sex accessed the facilities used by his children. According to court filings, the elementary school principal responded that due to student privacy, the school could not confirm or disclose the status or accommodations of any particular student. A similar response was received from the high school principal.
Nicholas Barry, senior counsel at America First Legal Foundation, stated that this response did not answer Matthews' question and that parents have a constitutional right to this information to make informed decisions. Matthews is seeking a preliminary injunction to compel the district to disclose its policies regarding sex-separated bathrooms and locker rooms and to provide advance notice if a member of the opposite sex is authorized to enter or is expected to enter facilities used by his children.
Matthews' lawsuit cites religious beliefs, stating that his faith holds that sex is immutable and that his children should not be required to undress or use restrooms in the presence of members of the opposite sex. The lawsuit does not claim that Matthews knows a biological male has used his daughter's restroom, but rather that he is unable to determine if such access is permitted or has occurred.
At a May 11 school board meeting, Matthews urged officials to maintain separate bathrooms for boys and girls, stating, "All we're asking is that the bathrooms are accessible to each gender. If they want that, then create a new bathroom." His daughter also addressed the board, saying, "I'm personally a girl and I wouldn't want a boy following me in the girls bathroom. It's inappropriate."
The lawsuit relies on the Supreme Court's decision in Mahmoud v. Taylor, which involved parental rights to notice and opt-out options regarding LGBTQ+ classroom instruction. Matthews' attorneys argue that if parents are entitled to notice in that context, the same principle should apply to bathroom and locker room access.
America First Legal has previously filed a lawsuit against Cabarrus County Schools, alleging that female students were required to share restrooms and locker rooms with a biological male. Barry distinguished the current lawsuit, emphasizing that it focuses on obtaining information and disclosure of policies, not on barring students from facilities. Matthews' attorneys stressed in their motion that he seeks only notice and information, not an order preventing any student from using a facility.