Sutherlin High School is the latest place where issues of transgender bathroom use have landed in the courts.

The Sutherlin School District’s decision to allow a male transgender student to use the boys’ bathrooms is being challenged in Douglas County Circuit Court.

The complaint was filed in May by a student identified only as “T.B.” and his guardian Summer Eastwood. The Sutherlin School District, Superintendent Terry Prestianni and Sutherlin High School Principal Justin Huntley are named as defendants.

The suit alleges the school district infringed T.B.’s privacy rights by allowing a transgender student identified in the lawsuit as Tyler to use the boys’ bathrooms. Tyler was identified as a girl at birth, but now identifies himself as a boy. According to T.B.’s attorney Ray Hacke, T.B. was embarrassed and suffered “tremendous anxiety” after Tyler entered a restroom while T.B. was urinating.

But Nancy Haque, executive director of the LGBTQ advocacy group Basic Rights Oregon, said the case is an example of “bullying by lawsuit,” and it’s Tyler’s mental health she’s worried about.

“We are really concerned for Tyler. We are really concerned for all the Tylers in Oregon,” she said.

Transgender students already face high levels of bullying and harassment from their peers, Haque said. And it hurts. Nationwide, more than 40 percent of transgender people attempt suicide in their lifetimes, and Haque said that’s because of a lack of societal acceptance.

“Lawsuits like this are mean-spirited and add to an already often hostile school environment,” she said.

T.B.’s lawsuit doesn’t seek money, other than attorney’s fees. Instead, it asks the judge to force the school district to change its rules on transgender students’ bathroom use, and bar Tyler from the boys’ bathroom.

Sutherlin School District Superintendent Terry Prestianni declined to comment on the issue, citing the pending litigation.

However, in a memo sent to parents in the Sutherlin district, Prestianni wrote that the school district was following legal advice in making the decision to allow transgender students to use the bathrooms matching their gender identities.

“This complex issue is currently the subject of much legal and political debate,” Prestianni wrote. “The District is not the authority to decide that issue, but it must come to an informed decision based on the current state of the law and current legal guidance.”

Douglas County is not the only place where issues of transgender bathroom use have landed in the courts. In Virginia, a transgender student who self-identifies as a boy sued his school after he was barred from using the boys’ bathrooms. A federal judge recently ruled in the transgender student’s favor.

In Oregon, a group of parents sued the Dallas School District over its policy — similar to Sutherlin’s — of allowing transgender students to use the bathrooms matching the gender they identify with.

In the Dallas case, filed in U.S. District Court in Portland, a federal judge heard arguments in May over whether the case should be dismissed, but has not yet issued a ruling.

Oregon state government sided with the transgender student in the Dallas case. ORS 659.850 states students cannot be discriminated against at school on the basis of their sexual orientation, and ORS 174.100 includes gender identity in the definition of sexual orientation. An Oregon Department of Education guideline, issued in May 2016, gets right to the point, stating school districts must allow transgender students to use bathrooms matching the gender they identify with.

Hacke, T.B.’s attorney, works for the Pacific Justice Institute, which focuses on cases in which conservatives feel their rights have been violated. That conservative bent is reflected in the language used in the complaint, which refers to Tyler as a “girl, who identifies as ‘transgender.’” It also uses the pronoun “she” to refer to Tyler. By contrast, transgender rights advocates would refer to Tyler as a boy and use the pronoun “he,” based on Tyler’s identification with the male gender.

In an interview, Hacke told The News-Review that boys and girls are biologically different, and just because somebody claims to be a different gender doesn’t mean it’s true.

“I mean I’m a large white mammal that can swim. That doesn’t mean I’m a whale,” he said. “Whether I believe I am one or not, if I were to strip naked and dive into the orca tank at SeaWorld, the owners of the park aren’t going to say, ‘He really believes he is one, we’ve got to respect that.’”

Haque called Hacke’s view extreme.

“I think that a lot of people might feel this is new, but it’s not new ... Transgender people have always existed, whether or not they were able to live their true lives,” she said.

She said in the wake of the Supreme Court’s same-sex marriage equality ruling, conservatives have become “laser focused” on transgender students as the most vulnerable members of the LGBTQ community.

But Hacke said allowing Tyler in the boys’ restroom is unfair to T.B. and other teen boys like him. This is a case about privacy, not prejudice, he said. He said Oregon law recognizes the right to privacy in bathrooms.

“You know they called them private parts for a reason. You kind of want to keep it private, especially around members of the opposite sex,” he said.



Reporter Carisa Cegavske can be reached at 541-957-4213 or ccegavske@nrtoday.com.

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Senior Reporter

Carisa Cegavske is the senior reporter for The News-Review. She can be reached at ccegavske@nrtoday.com or 541-957-4213. Follow her on Twitter @carisa_cegavske

(61) comments


WOW! Reading through a majority of these comments I see a great deal of ignorance being vomited from the keyboards of very hateful, ill informed and willfully ignorant individuals. One that stands out in particular seems to like to refer to Tyler as "she" in every comments. This is a pathetic attempt to bully a transgender teen and says more about the person making these comments then anything else. My guess this person is a middle aged self proclaimed Christian woman who seems to enjoy bullying kids from behind a keyboard. Rest assured lady getting misgendered by some complete transphobic stranger does little except show how small minded and hateful you are. Second of all I saw a comment that said "many could say they are transgender so they can sneak a peak". No many can't, and no they don't. In fact there has been no documented cases of a person who has transitioned only so they can "sneak a peak" this ignorant comment says more about the perversion your brain creates and thinks about then what a trangender male or female is really doing. You see trangender boys and transgender girls use the restroom to do their business whether it is to pee or poop that is all they are there for. Being transgender is not a mental illness nor is it a perversion it is a medical condition that someone is born with. I myself am a transman, no one knows unless I tell them. I use the Men's locker room/restrooms to pee and no one seems to care because they don't know, what is under my clothes or on my birth certificate. The guys I work with do know about me being transgender and have no issues sharing the bathroom with me because they aren't petty and bigoted. If the kid filling the law suit is so traumatized by sharing a bathroom with a transgender boy then maybe it is he who should use the unisex bathroom since it is there for people to use if they feel uncomfortable using the stall. I doubt very highly that teenage boys are walking around the locker room buck naked for everyone to see. I remember highs school and I have raised a teenage boy and most teenagers of both sex's have a huge amount of modesty when it comes to getting naked in a locker room setting so for that to be an argument is just baseless. Even adults are fairly modest when it comes to public showers. Shame on any adult on this commenting section who thinks its ok to continue to bully Tyler because he is different then you and yes misgendering purposely is a form of bullying so grow up. Making statements that it is Tyler who should use the Unisex bathroom or the Girl's bathroom if it is empty is again ignorant. Tyler is a boy and should use the boy's bathroom. Get educated read up, there are plenty of material out there for you to learn about what being transgender is and for those of you commenting in support and defense of Tyler thank you, we need more adults and allies like you. Tyler stay strong and keep fighting the good fight. It does get better and trust me there is more out there in the world then this little town of Sutherlin. I know this town is growing and progressing but unfortunately their are still small minded people that wish to continue living in their ignorance and bigotry. For those people pay them no attention, they are becoming the minority and so are there views as people are continuing to evolve and understand that things aren't as black and white as they want them to be just because something or someone different then themselves make them feel uncomfortable and scared doesn't mean it is wrong.


Wow! This liberal extremists think that if it feels good do it. To h@ll with everyone who doesn't agree with them. I don't have to accept and acknowledge every thing that comes along. Not everything is normal. Members of NAMBLA tell us that sex with children is normal. But it is not. Disagreeing is not bullying. I have a right to my opinion just like you do. Advocating that it is okay for a girl to use the boy's bathroom because she feels like a boy is ignorant. The unisex bathroom is there for her to use. I don't care if Tyler wants to dress and act like a boy but when she demands special treatment is doesn't become a problem. Get educated the majority still rules in this country.


The thin here is obviously NOT "suing for disagreeing." It's that the school sided with a student that didn't feel comfortable urinating in a room with someone who has the same thinking and behavioral process-- and 99% the body of a male when they acted just like everyone else that went in there when he was taking urinating before. It's singling out a student because a soccer mom sided with a son that just needed to think on the situation. If he were to think on the situation, he'd realize that there's absolutely NO invasion of privacy when he's using a urinal and the other is using a stall. Keep in mind that this is the same guy that stopped being friends with someone they knew for a long time once he found out he was gay.


and keep in mind that I still like the guy to an extent, but his logic is hilariously flawed. "Someone peed in the stall like, 7 feet away from me" big deal.


I have a teenager, and I feel out of respect for all “genders” use the bathroom that matches the genitals you have unless there is a unisex bathroom. As an adult that would make me uncomfortable. Many could say they’re transgender to sneak a peek. Let’s just respect all here. Why cause so much argument and drama? Transgender use the unisex, or the bathroom you have body parts that relate. I believe that’s fair enough. Stop making it difficult everyone.

Ray Hacke

This lawsuit is about privacy, not prejudice.
First of all, let’s be real: If you were in the locker room at your local gym and someone of the opposite sex walked in while you were in a state of complete or partial undress, what would be your immediate reaction? It’s very likely that you would immediately try to cover up your private parts in some way – perhaps by jumping behind an open locker door, speedily wrapping a towel around yourself, or strategically thrusting your arms or hands across your body to conceal your distinctive anatomy. Now, if the person who walked in were to say, “It’s OK – I’m transgender,” would you just shrug, apologize, and let that person see you in all your nakedness? I bet you wouldn’t. You’d probably still feel awkward because someone of the opposite sex saw you partially or fully naked, and be afraid of it happening again.
So, why should someone – especially a 15-year-old high school sophomore – be blamed for having a natural reaction that anyone else might have? Why should the student’s mother be slammed as a bigot for trying to protect her son or daughter from that – and wanting her local school district to do the same?
Privacy is not forfeited entirely by using shared bathrooms and locker rooms. There’s a certain element of safety in being among members of the same sex: You don’t have to worry about someone of the opposite sex ogling your private parts – they’re called “privates” for a reason. You don’t have to worry about being accused of sexual harassment or sexual assault because you exposed yourself, however unintentionally, to someone of the opposite sex. Bathrooms and locker rooms have long been segregated by sex for these reasons.
Second of all, the law does not require that which is different in fact to be treated in law as though it the same. A girl who claims to be a boy, whether or not she really believes she is one, is quite different from someone who was born male and has male parts.
The law requires equal protection for all, not special protection for some. Allowing a transgender “male” to use her bathroom of choice may protect that particular student, but not the actual boys who use it – and make no mistake, regardless of what the feelings of a transgender “male” are, a transgender “male” is, in fact, female.
If the word “boy” includes girls who believe and assert that they’re boys, then there really is no such thing as “boys” at all – and vice versa. The law has long recognized that there are legitimate reasons for maintaining sex-segregated bathrooms and locker rooms. The times may be changing, but there’s no need to throw common sense out the window. That, ultimately, is what this case is about. It’s not about money – the plaintiff isn’t asking for any, other than attorney’s fees. It’s to force the Sutherlin School District to change its policies concerning letting girls use the boys’ bathroom (and vice versa).


Good comment Ray!


break out the popcorn y’all for this comment section, it’s a show! I hope you’re closed minded about gender issues otherwise you might find yourself severely offended. 4/5


I can understand Tyler with wanting to use the bathroom they identify with. Even if the school sets aside a separate restroom for these kind of issues, it doesn't address the issue. It's just a form of segregation. People may think "if they have male anatomy, use the men's room. If they have female anatomy, then they should use the womens restroom. But things are changing. Being Transgender isn't a new thing. It's been around for longer than people today have been alive. The whole issue with "there is only two genders" has just been the 'norm' because people made it that way. Mostly due to religion.
So if someone whose ideals were formed from religious roots is trying to project their views onto a school and make them put in regulations that support those religious views, so everyone has to follow along with what that person believes, wound that infringe on many others rights who believe otherwise?
And anyway, bathroom facilities are made for people to take a dump or urinate.
If people have issues with the fact that someone wants to use the gender labeled bathroom that they identify with, then just get rid of gender labeled bathrooms. And fix the stalls. It's uncomfortable having gaps for people to look thru to see if anyone is in the stall and they see you taking a dump, no matter the gender.


AHHHHHHHHHHHHHHH the rest room wars. Thank you Obama! Your "Legacy" speaks for itself.


Get a wedge door stop. When you enter the MEN'S restroom close the door behind you and place your wedge under the door so NO ONE CAN ENTER? Use the bathroom without interruption. If every student has their own wedge, everyone can have privacy in the restroom of their choice.


His name is Tyler Beck and he is mad because a guy wanted to use to guys restroom? He’s mad because his private parts were out in the open? He is literally always in the open just by using the restroom with boys.


Most guys in a HS bathroom would be more than happy to have a girl walk in and check things out. What is strange here is why the kid thought the other person was checking out his junk? Were they? Or was the embareassed kid just revolting because the other person was in the same room?


The fascinating thing about this is the vast, vast majority of kids don't get uptight about this stuff unless they're influenced by politically motivated adults or creepy preachers.


Exactly. Which is probably what happened here. And if so, that, to me is child abuse.


And the "if it feels good do it" mentality isn't child abuse?

Willie Stroker

Gender Dysphoria (GD) or Gender Identity Disorder (GID) -- "The mental disorder of feeling one's emotional and psychological identity as male or female to be opposite to one's biological sex."

Willie Stroker

"Strip naked in front of a mirror, take a look, and you ought to know.

If you need a medical textbook, take that with you, look in the medical textbook, look back at the mirror, look at yourself, and say, 'I'm a woman.'" - Phil Robertson


“…40 percent of transgender people attempt suicide in their lifetimes.” “…and it’s Tyler’s mental health she’s worried about.” “We are really concerned for Tyler.” Well lady, if you truly concerned, you would seek treatment help for all who have this mental health issue. And IT IS a mental health issue!! Yours and theirs crazy delusions are not and never will be the “New Normal”. Sane people do not and should not be forced to accept this craziness as such either.


Be careful letting people use the bathroom of their choosing because you’ll find &$@! in some freaky places.

st paddy

further, if my comments offend tyler I apologize. they were meant for my dingbat peers

MI Go Beav

Well, I believe in science and biologically there are two genders - male and female. People can identify or say whatever they want I suppose but it doesn't change the fact that every cell is 100% male or 100% female. Outside appearances or feelings don't change the hormones.

Mark Lenihan

If you believe in science, as you say, then you might want to check on the scientific evidence that proves not "every cell is 100% male or female".

MI Go Beav

I have checked and hormones do not change regardless of feelings, identity, or outward appearances. Transgenderism does not exist in the animal or plant kingdoms. It's simple biology.

Old Tobi

Yes, it does, and in a great many ways. There are animals that breed in the absence of males, animals that become male or female when gender imbalance calls for it, creatures that have no gender, creatures that have parts for both genders at once. There are also variant individuals who fail to complete full gender differentiation. The physicality of transgenderism is established in many ways, but the culture around it in humans is just starting to go public. Something most folks thought was as fixed as the sky is blue turns out to have always been both fluid and mostly hidden. Keep checking...it gets more interesting the deeper you go.


Where you get your fake science? Hermaphrodite occurs in nature in plants, animals and humans.

James P

First of all Tyler used the men’s restroom because he is a “he.” Second of all, the school is protecting the privacy of its students by having unisex bathrooms on campus. I don’t’ see how T.B. is traumatized by exposing himself while he is urinating. If I was that uncomfortable while urinating in front on ANYONE, I would go into a stall or a Unisex bathroom. That seems to be a whole other issue and kids don’t normally file lawsuits regarding this stuff. I’m a gay male and this has nothing to do with having empathy for the straight community. Not all straight people think the way this lawsuit (filed by an ADULT) is going. I know that for a fact. Nobody even talked to Tyler to ask him what he thought. Like it was just malicious intent to use a men’s restroom. Ignorant and ridiculous. Stay strong, Tyler and educate.

The lawyer sounds completely ridiculous. An Orca? I mean, seriously.

Suzan Mesik

Mojie, just because you can't understand something doesn't mean it isn't painfully real. You have demonstrated, through your posts here, that you are narrow-minded and flippant, without any caring at all about people with divergent identities. You should be ashamed of yourself. Tyler is being Tyler. If these other boys are so sensitive, Maybe they should just urinate in the stalls, where no one will see them at all.

st paddy

one thing that makes me fairly angry is a woman trying to make men behave like women


Susan I don't understand global warming and I know that it is real. I am not saying this isn't a real issue. I think we need to all be aware that there is more then one side to this issue. If her being in the boy's bathroom makes even one boy uncomfortable perhaps a different fix for this problem should be explored. But nobody has offered anything constructive. All I have heard is name calling. Try to be a good example and explain your position without coming across as being mean spirited. It doesn't take a whole to for teenagers to become self conscious. All kids need to feel comfortable at school. Work towards a way to achieve that. My first suggestion of a unisex bathroom (not knowing there was already) was an attempt at a constructive idea. In real life you can't make everyone happy all the time. Sometimes you just have to do the best you can and realize that life is unfair.

Mark Lenihan

After having seen articles on the lawsuit the thing that stood out to me, other than the fact that being a boy, Tyler had every right to use the boy's restroom, was the statement of "there was a unisex restroom available for Tyler's use and the nearest girl's restroom was completely empty." Okay, #1, they never discuss the location of the unisex restroom compared to Tyler's location and, #2, how do they know the "girl's restroom was completely empty"? This is an idiotic lawsuit. Tyler is a boy and boys use the boy's restroom.


But at what point is she considered a boy? After a sex change? After hormone therapy is started? Or just because that is how she feels?


How about when you have a mental breakdown because your brain doesn't match your body. How about when you are so stressed out from all the bullying and harassment you face that you get admitted to the hospital for blacking out and tremoring at school and experiencing such intense psychosis that you don't know what's real anymore. How about when people avoid you and don't talk to you anymore after knowing them for years because that's just "not okay" or it "makes them uncomfortable"? How about when you try so hard to be yourself only to be met with an article with your name in it posted in the local news? But they won't tell you any of that. They don't care about how I feel they didn't even bother to contact me before this was posted. All they care about is making sure this teenager can comfortably use the bathroom. I won't stand for discrimination. This is who I am. If it offends you that much, maybe you should start minding your own business since it obviously doesn't affect you.


Feeling like that is part of being a teenager. Some people feel that way because they are over weight, not good looking, flat chested, acne, various anxiey disorders, etc. A sure way to get people to listen to you is to tell those that don't agree with to mind their own business. As a tax paying citizen what happens in the schools that my tax money goes to is my business. You catch more flies with honey then you do with vinegar. If you don't understand that Goggle it.

Carisa Cegavske Staff
Carisa Cegavske

Hi Tyler, we didn't contact you beforehand because we didn't know who you were. We only had a first name. I would like to interview you for a followup if you are willing to share your story. I can be reached at ccegavske@nrtoday.com or by phone at 541-957-4213.


Tyler, stand strong. This is a bunch of BS. Trust me, things will be better when you get older, and please, move to a community that accepts you, like I did (I'm not transgendered, but gay). I left Douglas County 23 years ago. I know things are better than when I left, but obviously have a long way to go. Just get out of there, when you can, and trust me, there are plenty of places that will love and accept you for who you are.

st paddy

well now I have always found it difficult to mind read. and in this case to see what is in tylers head.

Mark Lenihan

Tyler, I just want to reassure you that you are not alone in this fight. My own transgender son went through the same thing when he came out so though I don't know exactly what you are going through/feeling/thinking, I do have a small inkling towards it and I am here to tell you that there are many individuals ready and willing to stand by your side in this.

Willie Stroker

Sounds like you need to "Man Up" [whistling] [wink]

Old Tobi

You know these issues are bigger than where one person does or does not pee, and that there are other places in the world where this has become much less an issue, like Portland or Hamburg, Germany. So...it does get better. A great many teenagers have all the distress even without having to define their gender, and Sutherlin is not Portland, or West Hollywood, so I can imagine how stressed out you are, on this journey, in that place. I've never really paid much attention to gender, and I made my first transgender friend in 1975. I was 19, she was 22. Things were tough for her. No one would have tried transitioning while still in high school back then. You understand why. Gender identity is both personal and social. Most of it is a social construct. Who likes pink, whose facial hair is attractive and whose is ugly, these are social constructs. Everyone around you is having to re-file their deepest notions of who you are. A boy was in the boys' bathroom peeing when another boy walked in -- or did a girl walk into the boys' bathroom? Folks will have to figure this out for themselves, and the ones who do are the ones worth knowing. Lots of support on line and, if you don't know them, there's a place in Portland called SMYRC. They're very nice.

Mark Lenihan

That is totally irrelevant to this issue. The only point relevant is that at the time of the incident, HE had to use the restroom and so HE went to use the restroom that is designated for HIS gender. I am sure that the fact that there were other boys in the restroom did not even register as more than a blip on HIS brain.


Soon enough, starting with schools, there will just be bathrooms. No boys and girls and whaterver, just bathrooms. If you use a urinal then likely you are a boy, though there are some females who like to stand up and pee for a fact. What the big deal, if everybody wants to hide to go toilet, they can install a bunch of stalls and people can go in and lock the door (to stall) and do their business. Boys can use the urinals and whats the big deal about going to the bathroom?


Without getting into a argument over this issue wouldn't the easiest thing to do be to have 3 bathrooms? One for the girls, one for the boys and one unisex. What if the football team dressed up like girls and used the girls restroom saying that on that day they felt like girls would that make it okay?


The problem with your train of thought is that you are not taking in consideration that Tyler is actually transitioning into a male. So he is a male.

st paddy

does that mean tyler will have prostate problems later in life


With advances in technology it's a possibility,,


Today I feel like a tulip but my feelings don't make me a tulip. I feel like I weigh 100 lbs. but that doesn't mean that I do. What if you "feel" like a boy one day and a girl the next? Why are feelings more valid then what physically is or is not?


I don't "feel" like anything I "am" a guy. There are studies that literally show that the transgender brain has more connections than the cis brain leading scientists to believe that these connections are what causes these individuals to identify as a different gender. You're argument stating that you "feel" like a plant or animal does nothing but invalidate individuals that are actually going through this process. How do you know that you're the gender that you are? I bet you would say it's because you have certain genitals. That isn't what gender is. Gender is an identity, not a body part. See it like this, why do we call a musician a musician? It's because that's what they are. They don't "feel" that way they "are" that way, and you can't change that.

MI Go Beav

You are correct - feelings have nothing to do with it. Biologically there are two sexes - male and female. People can try and deny science all they can but hormones and cells don't conform to feelings.


There are three bathrooms at the school, male, female and unisex. If the student was so "anxious" and "uncomfortable" he easily could've used the unisex restroom and had way more privacy and been less "invaded" as a result, because the unisex restrooms are single use not public use.

MI Go Beav

Couldn't the transgender person just as easily used the unisex restroom? Seems like the logical thing to do.


The point is, the student is comfortable using the male restroom as that is how they express and identify themself. If the opposing student was so anxious and uncomfortable then they should use the unisex restroom to easy that anxiety. Seems like the logical thing to do.


What if a hermaphrodite person who identifies as a girl but dresses as a boy uses that bathroom, and in walks the football quarterback who is transitioning to be a girl comes in? That could be very awkward for some or all.


That happens all the time

Richard Chasm

How is it that the boy offend is identified by initials but the transgender boy is named?

Carisa Cegavske Staff
Carisa Cegavske

These are the names as they're given in the court documents. Both are minors, so neither is referred to by the full name. However, the plaintiff's mother's full name is given.


My question is why did you not talk to Tyler and/or his mother? Why did you say Tyler's name, but not the other boys name?

Carisa Cegavske Staff
Carisa Cegavske

So, again, we used the names exactly as given in the court documents. The plaintiff is identified both by his initials and by the name of his guardian. We did not talk to Tyler or his mother because there is no clear identification in those documents of who they are. The name "Tyler" is literally all the identification given. We obviously would very much like to interview Tyler and/or his mother.



"Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.”

Would “st paddy’s” comment "one thing that makes me fairly angry is a woman trying to make men behave like women” comment be qualified as sexism? Seems to me like it is.

st paddy

am I bothering you about being mr gayness? then dont call me for being a hetero male and want to stay that way without harassment


I didn't say anything about your heterosexuality, bisexuality or homosexuality, because I have no idea, and don't care. I'm calling you out for what I interpret as a sexist comment. My homosexuality has nothing to do with it, either. But since you mentioned, I'm proud to be a homosexual.

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