[JURIST] A California court on Monday dismissed [opinion, PDF] a lawsuit challenging a state law that prohibits discrimination based on gender orientation or identity in public schools. Judge Shelleyanne Chang of the Sacramento County Superior Court [official website] said that the challenge to California Education Code sections 220 and 210.7 [text] brought by Advocates for Faith and Freedom [advocacy website] failed to state a claim on which relief could be granted. The plaintiffs alleged [complaint, PDF] that two students in California public schools had suffered an invasion of privacy and threat to their safety as a result of the addition of gender identity to the meaning of "gender" used in the school system's anti-discrimination measures. Finding that the challenge should be filed against the school district and not the state government, Chang said that the:

plaintiffs do not allege in their complaint that [a male student] either observed or was observed by the "biologically female student" in the locker room, or that [the student] was even aware of the other student's alleged presence in the locker room. Plaintiffs merely allege that [the student] "was present in the locker room while the female student was changing." ... Thus, the pleading is inadequate to allege any invasion of privacy, let alone a "serious" one.