An LGBT activist group claims that when Congress adopted Title IX in 1972, banning sex discrimination in schools, lawmakers had in mind that boys who believe they are girls should be allowed to use girls restrooms and showers.
The claim by GLSEN, the Gay, Lesbian and Straight Education Network, was prompted by the Education Department’s announcement that it is not investigating complaints by students barred from using facilities of the opposite sex, reversing an Obama administration policy.
The Trump administration has argued that Title IX does not address “gender identity.”
GLSEN argued that “multiple federal and district courts throughout the U.S. have made it clear that discriminating against a person based on their gender identity is, at its core, sex discrimination.”
“Legal experts have been clear, regardless of the Department of Education’s unwillingness to protect students, transgender students still have rights and legal recourse under Title IX,” the group insisted.
GLSEN contended the Department of Education is guilty of a “betrayal of transgender youths.”
GLSEN spokeswoman Eliza Byard said the new policy from the Office for Civil Rights, confirmed by Secretary of Education Betsy DeVos, was “hurting transgender students in concrete and far-reaching ways.”
The GLSEN statement, however, did not mention the privacy rights of other other students, such as girls who may object to having a boy shower with them.
Instead, the organization claims DeVos “has no desire to protect [a transgender 6-year-old] or the thousands like her.”
GLSEN said that if the federal government is unwilling to give special rights to the transgender minority at the expense of the majority, states and local districts must step up.
The group said it has “model laws and policies” ready for schools and states to adopt.
WND reported this week that while the Trump administration reversed Obama’s transgender-bathroom policy one year ago, it apparently was a surprise to many media outlets that the government was no longer investigating complaints.
The issue has played out in courts, with varying results. Parent organizations have charged that allowing females to use showers designated for males, or vice versa, violates the privacy rights of other students.
WND reported when the Trump administration argued that Obama’s guidance documents “did not contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal public process.”
The move by the Trump administration left schools responsible for handling the needs of transgender students on a case-by-case basis.