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Students, Privacy, and Bathrooms

Note: At this writing, the Arizona Legislature is working to pass the state budget. Our Policy Team is at the Capitol, advocating for several measures still under consideration. Look for a full recap of CAP’s legislative priorities in the coming weeks.

You’ve seen the news – the Fourth Circuit Court of Appeals supposedly held that public schools must permit boys or men who claim to be girls to use the girls’ bathrooms, showers, and locker rooms and vice-versa.

But not so fast. Neither the Fourth Circuit nor any other court has actually ruled like some would have you believe.

In a narrow, limited court decision, the Fourth Circuit only ruled that the lower court should give deference to the federal Department of Education’s radical position that the term “sex” in Title IX of the Education Amendments of 1972 refers to an individual’s subjective belief of his/her gender identity. But the court also sent the case back to the lower court to hear additional evidence and determine whether the school must allow the student in this case to use the opposite-sex restroom. This 2-1 decision is an outlier decision that included a strong dissent by Judge Neimeyer (the dissent begins on page 45 at this link).

This court action results from the efforts by the Obama Administration and LGBT (Lesbian, Gay, Bisexual, Transgender) activists to reinterpret federal laws banning discrimination on the basis of one’s sex or gender to also prohibit discrimination on the basis of one’s sexual orientation or gender identity.

This reinterpretation, as well as the passage of so-called non-discrimination laws in cities, defies common sense. These policies violate students’ basic rights to privacy and safety, particularly when they are in vulnerable situations at school and away from the care of their parents.

Any safety and privacy policy should respect the needs of all children. Schools should craft policies that are both respectful of the privacy concerns of all children and sensitive to the diverse needs of individual children. No child should be forced into an intimate setting — like a restroom or locker room — with another child of the opposite sex.

Expect More. Shop Somewhere Else.

Then there’s the news that the retailer Target will “welcome transgender team members and guests to use the restroom or fitting room facility that corresponds with their gender identity… Everyone deserves to feel like they belong.”

Sadly, we’ve heard from a number of families who used to enjoy shopping at Target but will no longer shop at Target because of concern for the privacy and safety of their children and moms.

Target’s move to adopt this radical and extreme policy represents capitulating to political correctness at its worst. If you feel strongly about making a statement against such action, we encourage you to join the nearly 1 million Americans who have signed American Family Association’s boycott Target campaign. See below for more details.

Action Items

  • If you wish to join the boycott against Target, click here. To send a note to Target management, click here.

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