A transgender boy sued for bathroom access. South Carolina drove his family to flee the state

A transgender student and his family left South Carolina after relentless bullying and discrimination, forcing them to drop a lawsuit challenging the state’s school bathroom law.

In 2024, the trans eighth-grader challenged a state law that denied him access to restrooms aligned with his gender identity. The Alliance for Full Acceptance and Public Justice brought the lawsuit on behalf of the child. The student was 13 when the complaint was filed and was identified only as “John Doe.”

Public Justice and the student’s other attorneys later announced that they were dismissing the case.

Public Justice said the student’s middle school once suspended him for using the boys’ bathroom. He continued to face bullying on campus and eventually withdrew from in-person classes and enrolled in an online program. When he returned for high school, attorneys said bullying by students and discrimination from staff grew worse. Ultimately, the student’s family relocated to another state.

Related: South Carolina governor signs bathroom law that could force trans students into porta-potties

"Because of the rampant hostility and the growing lack of safety for transgender children and their families in South Carolina, John Doe and his family were forced to uproot and relocate, so are dismissing their case,” a statement from Public Justice reads. “Like all children, John has a right to attend school in a safe environment where he is respected and valued. South Carolina, however, has actively worked to foment a hostile environment within its schools and the state as a whole.”

Berkeley County School District officials disputed assertions that the district had tolerated bullying, telling the South Carolina Daily Gazette the district “is committed to preventing and correcting discrimination and harassment of any form.”

The legal challenge followed a threat from South Carolina lawmakers to withhold as much as 25 percent of the county’s state funding unless it restricted school bathrooms based on students’ sex assigned at birth. The requirement was later enacted as state law.

“It’s heartbreaking that the state we call home has become so hostile that John Doe and his family had to relocate to ensure John gets the safe education he deserves,” said Ashley Peele, executive director of the Alliance for Full Acceptance. “AFFA will continue to fight for South Carolina’s LGBTQ+ community and will work with our partners to ensure that transgender students have the same protections and rights as every other student in our state.”

While the lawsuit was pending, the U.S. Court of Appeals for the Fourth Circuit issued a preliminary injunction allowing the student to use the boys’ restroom at the high school as the case proceeded.

Attorneys for the student said the dismissal would not end the broader fight for transgender students’ rights.

“Although the conditions in South Carolina have forced our clients to dismiss their case, the fight to protect transgender students’ rights does not end here,” Public Justice said.

“Make no mistake: South Carolina’s bathroom bans, in its budget provisos and the recently passed Student Physical Privacy Act, are discriminatory and harmful. And school officials still have a legal obligation to protect all students, including transgender students. We will continue to work with AFFA and others to ensure that transgender students can safely attend schools in the state.”