For most Americans, concerns related to students who identify as transgender are a new reality. The Obama Administration’s response to this new reality was an unlawful attempt to force a one-size-fits-all policy on the entire nation rather than allow parents, teachers, and local schools the time, space, and flexibility to find solutions that would work best for everyone. The Trump Administration has taken the first steps to correct this. Instead of imposing a federal “gender identity” policy on the entire nation, all branches of government should respect federalism, local decision-making, and parental authority in education. The American people should be able to consider all of the relevant concerns and devise policies that can best serve all Americans. Congress should support such efforts, and the courts should respect them.
Federal agencies have tried to force schools to grant access to sex-specific intimate facilities based on self-declared gender identity instead of biological sex.
Students, particularly women and girls, have valid concerns about privacy and safety in intimate spaces, as well as about the equality of women under law.
The law should specify that “sex” does not mean “gender identity,” and local schools should devise solutions that respect the privacy and safety of all students.