Judge Denies Boy Who Identifies as Girl Injunction to Use Girls’ Locker Room to Change for Gym Class

CHICAGO — A Cook County judge has declined to issue a preliminary injunction in favor of a male high school student who identifies as a girl and wishes to use the girls’ locker room to change for gym class.

Judge Thomas Allen ruled that the Illinois Human Rights Act does not mandate “full and equal access” to school changing facilities as legislators removed that wording in 2010. He noted that the student’s contention that he was not allowed equal access “may be a correct statement, but I cannot ignore the plain language of [the law].”

“This is a balancing act of all balancing acts, but it’s not my role to establish social lines up or down,” Allen stated.

As previously reported, the 18-year-old, who goes by the name Nova Maday, says that he is unhappy with the outcome of talks with Township High School District 211 and asserts that that he has to use either the nurse’s office or a separate single-user locker room at Palatine High School to change his clothes.

“I just want to be treated like every other girl in our school,” Maday said in a statement after filing suit on Thursday. “Even after the school district agreed to allow another transgender student to use the locker rooms in her school, they have resisted and made things harder for me. I just want to be able to get dressed for P.E. class without having to jump through a bunch of hoops.”

According to the Chicago Tribune, Maday sent an email to his teachers in his freshman year to advise that he identifies as a girl.

“Information about me. First, I’m transgender. In case you are not fully sure what I mean by that, I do not identify as male, like I was assigned at birth. Instead, I identify as female,” he wrote. “I would like to state that my chosen name is Nova, and I would ask that you call me by this in class …”

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While teachers began calling Mayday by his preferred name and pronoun, he was advised that using the girl’s locker room would not be allowed.

His lawsuit, filed by the American Civil Liberties Union (ACLU), asserts that because Mayday has had to change in a separate location, he has missed notes on the wall advising where students would be meeting for physical education that day.

“Isolating and singling out Nova from the other girls by forcing her to dress separately for P.E. and requiring her to at times wander the halls looking for where her class was being held were extremely upsetting experiences for Nova,” it reads.

The school district said that the lawsuit is misleading and does not correctly represent the accommodations that have been offered to Maday.

“The allegations in this lawsuit misrepresent the accommodations extended to this student and District 211’s approach to working with and supporting transgender students,” Superintendent Daniel Cates said in a statement after the legal challenge was first filed. “Every transgender student in District 211 who has requested use of the locker room of their identified gender has been offered such access, along with other supports within an individual support plan.”

According to the Chicago Tribune, he reiterated the sentiment on Thursday, stating that Allen’s ruling already reflects the “important balance” that the district had set to accommodate those who identify as “transgender,” while also “safeguarding student privacy.”

Maday expressed disappointment on Thursday that the court had declined to grant the preliminary injunction.

“I am disappointed with the decision today,” he said. “To me, this is a simple question: Am I going to be treated just like any other girl in my school? All I want is to be accepted by my school for who I am—a girl—and be able to take gym and use the locker room to change clothes like the other girls in my class.”

However, the Thomas More Society, which had represented a group known as Students and Parents for Privacy—a coalition that had been permitted to intervene in the case—said that the court was right to maintain the privacy of female students by upholding the law.

“Schools should never be forced to give male students unrestricted access to areas where girls are changing clothes. Claiming a female gender identity doesn’t change that,” remarked Chief Counsel Thomas Brejcha.

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  • Thank you judge Allen!

  • Vince

    Wanna bet this kid, somewhere down the road, attempts suicide? And he’ll blame the “transphobics.” No way this guy will ever be mentally healthy and well adjusted until he accept himself as a male.

  • Reason2012

    “I just want to be treated like every other girl in our school,”

    Girls do not want to be forced to go to the bathroom with other boys or get undressed in lockerrooms with other boys. It’s time 99+% of the population sue back to stop their discrimination against everyone else in the false pretense at being against discrimination.

  • manwithnoname

    Can a boy claim the illusion of being a girl and then sue for “discrimination” based upon a falsehood, when the boy could use the boys locker-rooms and restrooms without limits based upon the fact that he indeed is a boy?
    All of these type of lawsuits are based upon a fiction and should be dismissed by every court.

  • Amos Moses – He>i

    what an awful comb-over ………….

  • Flamekindler

    but you are not like every other girl in the school…duh.

  • Croquet_Player

    I personally am quite private, and I don’t like changing in group locker rooms. I think a good solution to the issue is to offer private changing cubicles – not a toilet stall, although in a pinch it’s better than nothing – for any and all who prefer privacy. Problem solved.

  • TheSayer

    i thought kids could not consent when it comes to sexual matters.

  • Trilemma

    I don’t see a problem with Nova using the girl’s restroom since she would have to use a stall. But when it comes to dressing areas and showers, Nova should use the dressing room/showers that are reserved exclusively for girls with penises.

    • Drake

      You don’t see a problem with a boy calling himself a girl? The foundation of logic and reason is truth. Anything else is a lie, counterfeit, deception, falsehood. You can make believe that Monopoly money is as good as cash, but the banks would never accept it.

      • Trilemma

        “What is truth?” – Pontius Pilate.

        Yes, I see a problem with a boy calling himself a girl. I don’t see a problem with a female person in a male body.

        You claiming Nova is a boy calling himself a girl is no different than me claiming you are a lost person calling yourself a Christian. You know yourself better than I do. Nova knows herself better than you do.

        • Drake

          Contrary to your opinion, there is a large difference between our claims. A fact that isn’t convenient because it makes someone uncomfortable is not reason to alter a definition. In order for society to operate, definitions, though arbitrary, must be consistently agreed upon. Facts are based on evidence, not opinion. Physical evidence is tangible and therefore universal. A ‘girl with a penis’ is either a hermaphrodite or an imaginary construct.

          • Trilemma

            ” A fact that isn’t convenient because it makes someone uncomfortable is not reason to alter a definition. In order for society to operate, definitions, though arbitrary, must be consistently agreed upon. Facts are based on evidence, not opinion.”

            Totally agree. Obviously the fact that Nova is girl in a male body makes some people uncomfortable. So, what evidence can you supply to prove your claim to be a Christian is indeed a fact and that you’re not just pretending to be a Christian?

          • Drake

            Your thinking is not consistent with the story line. Stay on point, please.

            It is -not- obvious that Nova is a girl in a male body – merely your presumption. You are siding with Nova in this case and calling the Judge a liar, because the Judge has stated that Nova is a boy. Either the Judge is a liar, or the boy is. Why do you choose one side over the other?

          • Trilemma

            Where did the judge rule that Nova is a boy? Why should I presume Nova is a liar? Nova knows what she is more than the judge or you do.

          • Drake

            And your qualification for making that statement is your Psychotherapy degree? You’ve cross-examined Nova and determined that his delusion is justifiable and excusable because his imagination has more value and credibility than a Judge of the Court?

          • Trilemma

            The judge ruled that the school was not doing anything wrong in the way they were accommodating Nova. The judge did not rule on Nova’s claim to being a girl.

            Why should I assume Nova is lying about being a girl?
            Why shouldn’t I assume you’re lying about being a Christian?
            How much evidence must Nova give to back up her claim to being a girl?
            How much evidence can you give to back up your claim to being a Christian?

          • Drake

            The school’s accommodation of Nova is based on that fact that he is indeed a boy. The school nurse knows he is a boy, just as the rest of his peers do. The boy is upset because the school is not accommodating him as a girl – hence the lawsuit. The problem is that he is making a false claim that he is a girl. The burden of proof is on him, and he hasn’t presented sufficient proof of that claim. Until such time as he does, he is still a boy.

            And you are again off-topic: I never made a claim in any of this dialogue that I am Christian. And whether I have or haven’t, what does that have to do with the lawsuit or the fact that the boy is obsessed with being treated as something he is not?

            The key issue is that if you don’t know what truth is, you can make whatever claims you want, and their validity will always remain in question because without truth you have no foundation to substantiate them.

          • Trilemma

            The school is accommodating Nova based on her being a transgender woman. That’s why they’re not making her use the boy’s locker room and showers. Would a diagnosis from a medical doctor be sufficient proof for you?

            I’m making an analogy between a person who claims to be a Christian with a person who claims to be transgender. You demand proof of Nova’s claim so why can’t I demand proof from a person who claims to be a Christian?

          • Drake

            Your analogy is inappropriate since spiritual beliefs and physical transgender claims do not even remotely entail the same kinds of problems. You may as well compare apples with horses.

            The person Nova in this case appears to be dealing with what doctors term ‘Gender Dysphoria’. People who are represented by this categorical term are dealing with their own perceptions of their bodies, and generally seek treatment in the form of hormone boosters. The effects are generally permanent and life-changing, and not always beneficial since the patient is trying to fight the natural processes of his own DNA.

            There was a fairly recent case presented on 60 Minutes involving a boy who determined that he must indeed be a girl in a boy’s body and pursued those treatments, and later decided that he really is a boy, and is now trying to reverse the physical changes brought about by hormone use. The conclusion of the boy in that case was that he realized it was ultimately better to accept himself as he was rather than to continue the treatments. Now he is faced with permanent physical damage. If you are so inclined you can find the video on Youtube – the title of the piece was ‘the boy that wants to go back’.

            The really sad part in cases like this is that the liberal progression of social influence only feeds the confusion and offers false hope in the form of a placebo instead of addressing the root cause.

          • Trilemma

            Yes, my analogy is appropriate. Some people identify as transgender. Some people identify as Christian. In both cases it’s about identity.

            There are a few who once identified as transgender who don’t anymore and regret having once identified as transgender. There are also those who once identified as Christian who don’t anymore and regret having once identified as Christian. Some of those who once identified as Christian are face with psychological damage called Religious Trauma Syndrome.

          • Drake

            No, it is not the same. You can stand in a garage for a week and tell everyone you are a Mercedes Benz. No amount of positive thinking will ever make you an automobile. The only way to become a TRUE Christian is to be born again (John 3:3-12). Lots of people claim to be Christian who are not. But according to you, if someone makes a claim that he or she is transgender, that’s all it takes, there is no need for proof, even if the claim is imaginary in context. The difference there is substantial.

          • Trilemma

            When your church accepts a new member, do you make the new member prove they are a true born again Christian or do you accept them based solely on their claim? The government requires employers to make reasonable accommodation for people’s religion. If a Christian makes a request for a religious accommodation, does the Christian have to prove they are a true born again Christian? So, if someone makes a claim that he or she is Christian, apparently that’s all it takes. There is no need for proof since such a claim can only be imaginary in context. It is all about how the person ‘feels’ emotionally. The only ‘test’ is an interview to see how convinced the person really is that they are a True Born Again Christian.

            A Mercedes can’t talk so you negate the claim by making it. It’s true that gender confirmation surgery does not turn a male body into a female body; it’s cosmetic to ease the distress of gender dysphoria.

            Nobody born not of the elect can ever truly become a Christian, either. Superficially, maybe, but never in the absolute sense. God doesn’t allow for that.

          • Drake

            What are you trying so hard to justify?

          • IzTheBiz

            If I called myself a fish, how dare you suggest that I might not be a fish?? who gives you the right to question my mental illness??

          • Trilemma

            Since a true fish cannot talk or post comments on the internet, your claim would sound fishy to me.

          • Mac Sterling

            If you pull “Nova’s” pants down you will have all the evidence you need.

          • Trilemma

            Pulling her pants down will prove she has a male body which nobody is denying.

        • Amos Moses – He>i

          “I don’t see a problem with a female person in a male body.”

          that is called a null set …………..

          • Trilemma

            If you believe a god person can be in a male body then why not a female person in a male body?

          • Amos Moses – He>i

            because there is no scripture to support it ………….

          • Trilemma

            There’s no support in scripture for Down syndrome or schizophrenia. More null sets?

          • Amos Moses – He>i

            God does not save the mind …. He saves the soul …… and there is much scripture to support those whom we today call many such different diseases of the mind and other maladies ….. and Christ healed them …. as a man … The Son of Man …………. BTW … good to see you posting again …. i was kind of missing you ………

          • Trilemma

            Thanks for saying that.

            The point I was making is that just because something such as transgenderism isn’t supported by the Bible doesn’t mean it doesn’t exist. Is transgenderism a physical malady like Down syndrome or is it a mental disorder like schizophrenia?

            In some cases I think there may be a female person in a male body. Other cases, I think the person may have been talked into thinking they’re a female in a male body either by themselves or by others. That’s why I’m concerned with the current rush to transition minors.

          • Amos Moses – He>i

            oh … transwhateverism IS in the bible ….. and it is condemned ………

          • Trilemma

            Where does the Bible condemn a female person for having a male body?

          • Amos Moses – He>i

            first …… no such thing ….. second ….. it is a denial of what God said He created ….. men and women ….. nothing there about any such thing as you mention so that would be adding to scripture and is not allowed …… third …… it mentions in scripture in several places men acting as women ….. and that is all transwhateverism is ….. vain imaginings …. a futile mind ….. given over to diverse passions and lusts ………… idolatry of self ……..

          • Trilemma

            Okay, so God created men and women, except when He created people intersex. Intersex is a birth defect. If transgenderism is a birth like intersex then where does the Bible condemn someone for a birth defect. If transgenderism is a mental disorder like schizophrenia then where does the Bible condemn someone for a mental disorder?

          • Amos Moses – He>i

            nope ….. God created men and women …… men and women used their creaturely will to deny God and what He created ……………. and God does not say it is a “mental disorder” ….. men do … and in fact they now want to deny it is a mental disorder ….. and the line keeps shifting …..

          • Trilemma

            Is transgenderism physiological or psychological?

          • Amos Moses – He>i

            it is a choice to sin ….. it is idolatry of self ….. they are responsible for the choices they make ………….. no one has forced them to make a choice ……. but the can be saved ……

          • Trilemma

            Why must it be the case that someone who claims to be transgender made a conscious and intentional decision to be transgender? The testimonies of people who are transgender indicates that it is not a choice.

          • Amos Moses – He>i

            ummmm …. because they did and it is the truth ………………. looking at it from the worlds view ….. i do not trust the mentally ill to self diagnose …… and looking at it from the christian point of view ……… i do not trust the unrepentant sinner to say “i am a christian now” as the same self diagnosis …… there must be evidence NOT dependent on feelings ………….. and sad to say many think just saying it makes it so for either condition ……. saying one is a christian is one thing …… being convicted and truely saved ….. completely different ………….. there must be evidence ………..

          • Trilemma

            I don’t trust the mentally ill to self-diagnose either or to self-treat. I agree there must be evidence and not just feelings. Unfortunately, President Obama made schools accept a claim of transgenderism without evidence. Anyone who believes they are transgender needs to be under the care of a doctor who needs to make sure there is evidence. Unfortunately, there seems to be a rush to transition people. Is Nova intentionally lying about being transgender or does she truly believe she is transgender? I don’t know. That’s something a doctor needs to determine.

  • Drake

    Modern folks seem to think it is OK to make up their own truth. It used to be that someone who made up his own truth was called a ‘liar’.

  • peanut butter

    “…requiring her to at times wander the halls looking for where her class was being held were extremely upsetting experiences for Nova,” Well you better take this experience and run with it. The REAL world is out there, and you won’t be treated as a girl by the 300,000,000 other people in America either. Your choice in life will only make things harder and harder for you. Repent… you are not a girl. Repent and seek God’s face so he can heal you.

  • BravesFan

    YOU ARE NOT A GIRL. The actual girls in your school would like to get dressed for PE without being exposed to male anatomy or a male gaze. It’s hard enough being a teenage girl.

  • Chet

    Good on the judge for taking a stand against this madness, this leftist media hyped horse dung…

  • Dianne S

    She’ll win in the long run. Society is moving on.

    • IzTheBiz

      moving on-WHERE?????? looks like a trajectory to hell!

  • IzTheBiz

    Where are all the atheists, defending the society THEY have created???? I don’t see them here!

  • Amos Moses – He>i

    Woman To Shelve Belief That Gender Is Social Construct For Few Minutes While Boyfriend Changes Flat Tire On Side Of Road
    February 6, 2018

  • Ezekiel 33:6-8 (KJV)
    6 But if the watchman see the sword come, and blow not the trumpet, and the people be not warned; if the sword come, and take any person from among them, he is taken away in his iniquity; but his blood will I require at the watchman’s hand.

    7 So thou, O son of man, I have set thee a watchman unto the house of Israel; therefore thou shalt hear the word at my mouth, and warn them from me.

    8 When I say unto the wicked, O wicked man, thou shalt surely die; if thou dost not speak to warn the wicked from his way, that wicked man shall die in his iniquity; but his blood will I require at thine hand.