Transgender Student Leaves South Carolina After Lawsuit Over Bathroom Law Is Dropped

In 2024 a 13-year-old transgender student, identified in court filings as “John Doe,” sued South Carolina over a state law that barred students from using restrooms that matched their gender identity. The lawsuit was filed by the Alliance for Full Acceptance (AFFA) and the public-interest firm Public Justice. After months of alleged bullying, suspension for using the boys’ restroom, and a worsening hostile environment, the family withdrew from in-person schooling, enrolled the child in an online program, and ultimately relocated to another state. Public Justice announced the dismissal, noting that the family’s move was driven by safety concerns.

The Advocate

The case emerged amid a broader state effort to restrict bathroom access based on sex assigned at birth. Lawmakers threatened to withhold up to 25 percent of county funding unless districts complied, and the threat later materialized as the Student Physical Privacy Act, which codified the bathroom restrictions. While the Fourth Circuit Court of Appeals issued a preliminary injunction permitting the student to use the boys’ restroom during the litigation, the law remained in effect statewide.

The Advocate

Public Justice said the dismissal does not end the fight for transgender-student rights and urged schools to uphold their legal duty to protect all pupils. AFFA’s executive director Ashley Peele condemned the “rampant hostility” in South Carolina and pledged continued advocacy for LGBTQ + protections. Berkeley County School District officials rejected claims that the district tolerated bullying, asserting a commitment to preventing and correcting discrimination and harassment of any form.

The Advocate

• “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,” — Ashley Peele, executive director of the Alliance for Full Acceptance

The Advocate

• “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

The Advocate