The ACLU seems to think so. You no doubt have heard about one of the new efforts to impose the sexual freedom doctrine on our school kids. Several local school boards in Virginia have been confronted with school kids claiming to be transgender and demanding that they be allowed to use restrooms, locker rooms, etc. of the sex with which they “identify,” instead of their biological sex. One of the first counties to deal with this was Gloucester, where the school board adopted a reasonable policy that balanced the privacy rights of all students while accommodating the transgender student with an alternative restroom.
This compromise, however, wasn’t good enough for the ACLU, who immediately sued the Gloucester School Board.
Earlier this month, a federal judge here in Virginia dismissed the ACLU’s discrimination claim, arguing, “[n]ot only is bodily privacy a constitutional right, the need for privacy is even more pronounced in the state education system. The students are almost all minors, and public school education is a protective environment.”
The judge based the decision on a litany of federal cases that protect privacy rights in restrooms, including courts that have found even prisoners have the right to use restrooms and changing areas without regular exposure to viewers of the opposite sex. But apparently, to the ACLU, forcing school children to be in bathrooms with someone of the opposite sex is perfectly appropriate, while prisoners get more protection and privacy.
The ACLU argues that “Title IX,” a federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity, requires that public schools open sex-specific restrooms, showers, changing areas to opposite sex students. Apparently, they base this dangerous notion on an April 2014 “guidance document” from the U.S. Department of Education that states, “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.” However, the guidance document is supposed to be non-binding, and it doesn’t even mention access to restrooms, nor does it change already existing Title IX regulations that authorize sex-specific restrooms.
Most importantly, it flies in the face of a plethora of court decisions regarding privacy. Even the Ninth Circuit, considered the most radical, leftist appellate court in the country, in 2009 determined that a college could ban a “transsexual” from using an opposite sex bathroom “for safety reasons.” Earlier this year, a federal court in Pennsylvania came to such a conclusion involving a similar case, saying, “the University’s policy of requiring students to use sex-segregated bathroom and locker room facilities based on students natal or birth sex, rather than their gender identity, does not violate Title IX’s prohibition on sex discrimination.”
Incredibly, in our culture today, the ACLU and secular elites want you to believe that allowing a middle school female to use a restroom without having a male use the same restroom simply because they “identify” as female is hateful and bigoted!
The school board in Gloucester County (and others in Virginia since) recognizes that we can teach our children to be compassionate and tolerant toward one another without forcing school aged children into vulnerable interactions with opposite sex students in restrooms and locker rooms. We can and we must protect the privacy and dignity of our school aged children from the sex driven agenda of the ACLU and secular elites.