BERKELEY COUNTY, S.C. (WCBD) – A 13-year-old transgender boy from Berkeley County who claims he was punished for using the boys' bathroom at school is now suing over a state budget rule that prohibits transgender students from using accommodations that correspond with their gender identity. The lawsuit, first reported by NBC News, was filed Tuesday in federal court on behalf of John Doe, a pseudonym for an eighth-grade student. It names the Berkeley County School District, the state of South Carolina, and the South Carolina Department of Education, as defendants. The complaint alleges that school administrators told Doe in August that he could not use the boys' restroom and would instead have to use the girls' restroom or a single-occupancy restroom in the nurse’s office. “John explained that it would be very upsetting for him to use the girls’ restroom, which is inconsistent with his male gender identity, and that other students would likely feel uncomfortable as well, since he is and looks like a boy,” the complaint states. “Further, he explained that using the nurse’s restroom would single him out and put a target on his back for harassment.” Doe continued to use the boys’ restroom at school, according to the complaint, which led to a one-day suspension. The principal then warned that punishment could escalate to expulsion if Doe continued to use the boys’ restrooms, citing a new state budget provision passed in June. The provision requires South Carolina school districts to restrict students from using accommodations – including multi-occupancy bathrooms, changing facilities, overnight sleeping quarters, shared bathrooms, locker rooms, and shower rooms – that do not correspond with their biological sex. Those that fail to do so would lose 25% of their state funding, a July memo indicated. The lawsuit argues the budget rule directly conflicts with federal Title IX regulations, which bar sex discrimination in federally-funded education programs. "Policies like Proviso 1.120 pose grave threats to trans students’ educations, health, and safety," said Alexandra Brodsky, an attorney with Public Justice, a nonprofit legal advocacy group representing Doe. "They are also blatantly illegal: the U.S. Court of Appeal for the Fourth Circuit held years ago that trans students have the right, under the Constitution and Title IX, to use restrooms that correspond with their gender identities, and that ruling is binding on South Carolina," Brodsky continued. The South Carolina Department of Education said it does not comment on pending litigation. The Berkeley County School District said it has not seen the lawsuit and declined to comment. The Biden administration announced sweeping changes to Title IX in April, among them a move to extend the law’s definition to include sexual orientation and gender identity. A week later, state superintendent Ellen Weaver advised schools to disregard the changes, calling them “deeply troubling.” Federal courts have since granted injunctions to block implementation of the rule in dozens of Republican-led states that sued to stop it, including South Carolina. The lawsuit filed this week in South Carolina further argues that the state budget rule is a violation of the U.S. Constitution’s equal protection clause and asks the court to declare it as such. The complaint asserts that state lawmakers knew the provision infringed upon federal law and expected a legal challenge, citing a SC Daily Gazette article in which Sen. Wes Climer (R-York) said he hoped the U.S. Supreme Court would take the case up. "South Carolina legislators knew they were violating federal law when they passed Proviso 1.120, and now trans students are suffering," Brodsky said. Court overturns sentence and conviction for ex-banker and Alex Murdaugh accomplice Russell Laffitte The plaintiff, Doe, was assigned female at birth but presented as a boy from an early age and self-identifies as a male, according to the complaint. The complaint states that no other students complained or objected to his using the boys’ bathroom, which attorneys said the school’s assistant principal acknowledged during a meeting with Doe’s father. According to the suit, Doe began to face harassment from his peers regarding his gender identity due to “the school district’s monitoring of John’s restroom usage.” His parents chose to withdraw him from school in September to avoid further harassment. He now participates in an online education program.   "This budget proviso not only targets transgender students but also fosters a hostile and harmful environment in our schools," said Chase Glenn, the executive director of the Alliance for Full Acceptance (AFFA), an LGBTQ+ advocacy group also named as a plaintiff. "Every young person deserves a safe, inclusive space to learn and thrive, free from fear of discrimination or exclusion," he added. "Lawmakers should take note– if you choose to continue to target trans youth with blatantly unconstitutional legislation, you will be taken to court." Another federal lawsuit was filed against South Carolina in August on behalf of transgender individuals and their families seeking to overturn a newly enacted law that bans gender-affirming healthcare.