Indiana Attorney General leads 23-state brief to Supreme Court on school bathroom policy

INDIANAPOLIS — Indiana Attorney General Todd Rokita has joined with 23 other states and the Arizona Legislature in filing a brief with the U.S. Supreme Court supporting a South Carolina school district’s policy requiring students to use bathrooms and locker rooms that align with their biological sex.

The filing, submitted August 29, urges the Court to stay a Fourth Circuit Court of Appeals injunction that blocked the South Carolina school’s policy. Rokita said the move is part of a broader legal effort to defend what he described as “commonsense” policies on sex-specific facilities in schools.

Attorney General Todd Rokita

“Forcing schools to mix boys and girls in private spaces like bathrooms and locker rooms shouldn’t be allowed or tolerated, and we’re going to continue fighting to stop it,” Rokita said in a statement.

The case follows similar litigation in Indiana. Earlier this year, Rokita led a 25-state brief in support of the Metropolitan School District of Martinsville in a related Seventh Circuit case.

“We won’t surrender even a single inch on this issue,” Rokita said. “Our kids must be protected and schools should be able to make commonsense decisions without judicial overreach.”

The Supreme Court has not yet announced whether it will grant the stay.