'Decided for the parents what is right and wrong': Lawsuit filed against Walters, OSBE over student records policy

OKLAHOMA CITY, Okla. (KOKH) — On Thursday, the Oklahoma Equality Law Center and the Oklahoma Appleseed Center for Law and Justice filed a suit against State Superintendent of Public Instruction Ryan Walters (R-Okla.) and the state board of education.

The court action concerns the board denying a change to a Moore Public Schools student's gender on student records in October.

Thursday's lawsuit marks the ninth that has been filed against Walters since his term as state superintendent started in Jan. 2023.

In September, the state board of education adopted rules stipulating it had to approve any sex or gender changes to student records.

J. Doe's case then came before the board on Oct. 26.

During the October meeting, Walters asserted, "We're not going to do the transgender game of back and forth, back and forth... We'll be clear on this, stand with common sense."

This lawsuit claims he and the board violated numerous laws—including Title IX, the Due Process and Equal Protection Clauses of the 14th Amendment, the Oklahoma Constitution, and the Oklahoma Parents' Bill of Rights.

Sot Josh Payton, attorney and co-founder of the OELC, argued, "The state board of education and the state has stepped into the sacred space and has decided for the parents what is right and wrong."

He further added, "This is a... very scary time for them... to be discriminated against... under the full force of the state board of education... singling them out."

The unnamed student in question had gotten a district court order in Creek County for MPA to change his or her student records, according to Payton.

Regarding the court filing, Walters noted the following on Thursday after the state board of education meeting concluded: "I'm not surprised that these radical left-wing groups continue to attack us, but I'll never back down to a bunch of woke liberals trying to sue me over trying to protect our kids and protect our parents. So I'm going to continue to stand firm... no matter... what lawsuit or what they throw at me there."

He also released the following in a statement:

Radical gender theory has led some people to fight the obvious, God-given biological nature of human beings: that there are two genders, male and female. Our pronoun policy aligns with common sense, truth, and reality and protects schools and teachers from unfounded accusations of discrimination. This frivolous lawsuit, propped up by the extreme left, is an unserious distraction from the very serious business of improving Oklahoma schools for all our students.

Those suing are calling for an injunction against the state board's student records rule.