PINEVILLE, Ky. (FOX 56) – Kentucky Youth Law Project (KYLP) announced on Friday that a Kentucky high school will be providing gender-neutral restrooms.

The action by Bell County High School comes after nearly two years of discussion between the school and the Kentucky Youth Law Project.

KYLP was representing E.R., a transgender male senior at the school, and his family who contacted KYLP to check on options available to them.

“We are very thankful for the assistance the Kentucky Youth Law Project provided and their dedication to helping school be a better place for transgender and gender non-conforming kids,” said E.R.

According to a news release, E.R. was restricted to using only a single-user restroom in the nurse’s office.

This restroom was inconvenient and E.R was disciplined when he couldn’t make it to the restroom in time and made use of the boy’s restroom.

“It is always better for students when the schools are willing to work with community organizations to develop a more inclusive policy,” said Keith D. Elston, KYLP legal director.

The United States Supreme Court, in a case entitled, Bostock vs. Clayton County, Georgia, 590 U.S. ____ (2020), held that intentional discrimination against an individual based in part on that individual’s sexual orientation or gender identity is necessarily sex discrimination in violation of federal laws that prohibit discrimination “because of,” or “on account of” sex.

Kentucky Youth Law Project, news release

The release said the Bostock case was specifically about employment discrimination against gay or transgender employees under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-2(a)(1), the language of Title VII mirrors that of Title IX of the Education Amendments of 1972, 20 U.S.C. §1681, which prohibits discrimination on the basis of sex in any federally funded education program or activity. As a result, courts generally apply the same interpretation to either law.

E.R’s father, C.R., and mother expressed their gratitude for the decision.

“When we got the news about the school opening up gender neutral bathrooms, we were very excited and relieved,” C.R. added in the release. “E.R. and other kids will now have choices that will make them more comfortable and ensure they have an easier time using the restroom at school. None of this would be possible without KYLP’s help and support.”

“I am very proud of my child with his determination to make changes not just for himself, but other students,” said E.R.’s mother, in a post to a Parents Support Group. “I admit that being in a small town, I never thought changes could be made.”

Elston applauded E.R. for his bravery in pursuing the issue.

“I am so impressed with E.R.’s courage and tenacity,” Elston said in a news release. “He insisted on standing up for his rights, and with his parents love and support, he has opened the way for other transgender and gender non-conforming students to be treated fairly and equally by their school and community.”