On December 29, U.S. District Judge Jorge Alonso issued an opinion in Students and Parents for Privacy v. The U.S. Department of Education, denying the plaintiffs’ request for preliminary injunction to suspend the school district’s policy of allowing students to access sex-segregated facilities based on gender identity rather than biological sex. Judge Alonso opines the plaintiffs are not likely to succeed on the merits of their claim, and “even if Plaintiffs had shown a likelihood of success on the merits, they would still not be entitled to a preliminary injunction because they have not shown they are likely to suffer irreparable harm in the absence of an injunction, or that they lack an adequate remedy at law in the event that they ultimately succeed on their claims.”
Although the preliminary injunction was denied, the case may proceed. However, Judge Alonso’s opinion indicates he is unlikely to be persuaded by the plaintiffs’ arguments, citing Whitaker v. Kenosha Unified School District No. 1: “The school district in Whitaker unsuccessfully defended its policy with the same argument as Plaintiffs advance here, i.e., that allowing transgender students access to restrooms based on their gender identity infringes on the privacy rights of other students with whom they do not share biological anatomy.”
Read the full opinion here.