New Jersey school to allow transgender student to use boys room

LACEY TOWNSHIP (WABC) -- A transgender student in New Jersey who gave up his female identity says his school will allow him to use the boys bathroom.

Rubin Smyers was using the unisex bathroom at the Ocean County Vocational Technical School's Performing Arts Academy.

The 16-year-old took to social media to protest, and an online petition got more than 2,000 signatures. He also received support from Garden State Equality, with the advocacy group writing a letter to the school saying Smyers' rights were being violated.

"I was shocked, confused and slightly outraged," he said. "I think, after a while, I did sort of calm down. Just kind of generally mad. But at first, I was, it just didn't make any sense to me."

Smyers, a junior performing arts student, came out as a boy in 2013.

"The entire year I was at my high school, they knew me as a girl," Smyers said. "So I came back, and as far as administration was concerned, it was a whole new thing."

Rubin began using the boys bathroom, but when it was time for students to put on a show at a local college, things changed.

"My guidance counselor told me not only did she want me to use the girls dressing room," he said. "But also, she wanted me to stop using the boys bathroom and the girls bathroom."

He had one choice -- one unisex bathroom located far away from his classes.

"They were undermining his self confidence and self esteem," mom Jolene Smyers said. "And as a parent, I took issue with that immediately."

But Rubin stepped up, and it paid off.

"Letting Rubin use the boys room is actually the law," said Andrea Bowen, of Garden State Equality. "New Jersey state law and federal law under Title IX is very clear that LGBT kids have a right to non-discrimination."

After a school board meeting, officials realized Rubin's right under the law and began honoring his rights beginning last week.

It was just the next step in what's been a year of change for the teen since coming out to his parents.

"I was kinda chicken," he said. "And I wrote them a letter and left it on the table."

And his mother was just fine with that.

"The best part of the letter was the closing," Jolene Smyers said. "That said, 'Thank you in advance for not being crappy judgmental parents,' which never crossed my mind."

His rights respected, Rubin can now focus on his gift of song.