A North Carolina school district told a concerned father to simply wait until his children find themselves “in an uncomfortable situation” before he could expect any answers about who’s allowed in their bathrooms and locker rooms.
That response wasn’t good enough for Brandon Matthews, a Cabarrus County parent who filed suit Friday against the county school board, the superintendent, and the principals of his children’s schools. Matthews, a father of a fourth-grade girl at Mount Pleasant Elementary School and a senior son at Mount Pleasant High School, says the district’s stonewalling violates his constitutional rights as a parent.
The case hinges on a simple question Matthews asked both principals back in May: Can members of the opposite biological sex use the same restrooms and locker rooms as his children?
Neither principal would give him a straight answer.
“But both principals refused to answer his questions, instead telling Mr. Matthews that he could contact them if and when one of his children found himself or herself in an uncomfortable situation,” the court filing states. “But the Constitution does not require Mr. Matthews to wait.”
Mount Pleasant Elementary principal Alyn Szymanski responded on June 8th, claiming that “matters involving individual students are confidential” and that the school “cannot confirm, disclose, or provide advance notice regarding the status, identity, or accommodations of any particular student.” The high school principal reportedly gave a similar answer.
Matthews isn’t asking for names. According to court documents provided to Fox News, he simply wants to know whether his children “may be expected to share such facilities with a member of the opposite sex.” His concerns stem from his religious convictions and his responsibility to protect his children’s safety and well-being.
“Brandon Matthews does not currently know whether a male is using his fourth grade daughter’s bathroom,” said Nicholas Barry, senior counsel at America First Legal Foundation, which is representing Matthews alongside co-counsel Philip Thomas. “And does he have a constitutional right to know that? We say ‘yes.’ Without that information, he’s just in the dark and he really can’t make any good decisions without that information.”
The lawsuit leans heavily on the 2025 Supreme Court ruling in Mahmoud v. Taylor. In that decision, the high court found that schools must notify parents and allow them to opt their children out of instruction involving LGBTQ-inclusive storybooks when such material conflicts with their religious beliefs.
Matthews’ legal team argues the same principle applies here, but with even higher stakes.
“If the Constitution requires notice and an opportunity to opt out before exposing children to certain storybooks, it necessarily protects a parent’s right to receive notice and an opportunity to protect his children before they are expected or required to undress or use the restroom in the presence of members of the opposite sex,” the suit contends.
The complaint alleges violations of Matthews’ rights under both the First and 14th Amendments.
This isn’t the first time Cabarrus County Schools has faced legal action over bathroom and locker room policies. America First Legal is also involved in a separate lawsuit alleging that female students at Cox Mill High School were forced to share locker rooms, restrooms, and changing spaces with a biological male.
For parents like Matthews, the fight comes down to a fundamental question: Do mothers and fathers have the right to know what’s happening in their children’s schools, or must they simply trust administrators who won’t give them answers?
The courts will now decide.
