The Alliance Defending Freedom is putting school districts on notice that they can’t let gender-confused children use school bathrooms meant for the opposite sex without legal consequences.
The legal group, which focuses on religious liberty issues, told public school districts in an email last week that they should adopt policies that protect “the physical safety and privacy of students in restrooms and locker rooms while providing a solution for school officials concerned about students struggling with their sexual identity.”
Its recommended policy for handling students who don’t identify with their sex at birth:
Students that exclusively and consistently assert at school that their gender is different from their biological sex shall be provided with the best available accommodation that meets their needs, but in no event shall that be access to the school restroom, locker room, or shower of the opposite biological sex. Such accommodations may include, but are not limited to: access to a single-stall restroom; access to a uni-sex restroom; or controlled use of a faculty restroom, locker room, or shower.
Schools aren’t running afoul of Title IX by restricting bathrooms to those of the same sex at birth, the group said in a separate letter, noting that even the liberal 9th U.S. Circuit Court of Appeals turned down a transgender college student’s discrimination suit:
Allowing students to use opposite-sex restrooms and locker rooms would seriously endanger students’ privacy and safety, undermine parental authority, violate religious students’ right of conscience, and severely impair an environment conducive to learning. These dangers are so clear-cut that a school district allowing such activity would clearly expose itself – and its teachers – to tort liability.
Read the alliance announcement.
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