(AP Photo/Toby Talbot)
Ignoring the privacy and safety rights of children, major corporations like Target and PayPal are pressuring state governments to allow men and boys into the public school restrooms of women and little girls simply because the male claims to identify as a female—something that can obviously be abused … and has been. Contrary to what you may have been told, federal law does not require this.
First, all students have a constitutional right to bodily privacy. As one court explained, “shielding one’s unclothed figure from the view of strangers, particularly strangers of the opposite sex, is impelled by elementary self-respect and personal dignity.”
That court ruling was talking about prisoners. Convicted felons, who give up many of their rights when they are hauled off to prison, do not give up their fundamental right to privacy. Thus, courts have even required prisons to reassign female guards who patrolled near restroom and shower facilities in order to protect the privacy of the inmates.
If convicted felons have a right to privacy when using the restroom or changing, how much more so do our children when they are at school?
Second, federal law authorizes schools to maintain separate restrooms and locker rooms based on biological sex. Title IX is a federal law that requires schools and colleges to provide equal opportunities and facilities for men and women. It was written to combat discrimination against women; however, activists have recently used it to argue that denying people who identify as transsexual use of restrooms that correspond to their claimed gender identity is sex discrimination. read more