Federal overreach jeopardizes students’ privacyADF requests injunction to protect physical privacy in high school locker roomsWednesday, May 25, 2016
– Alliance Defending Freedom filed a motion requesting a preliminary injunction in the case Students and Parents for Privacy v. United States Department of Education.
In this matter, ADF sued the Department of Education, the Department of Justice, and Township High School District 211 on behalf of 50 families in the Chicago area.
The lawsuit challenges the DOE’s and DOJ’s unprecedented and unlawful mandate that public schools—under threat of losing their Title IX funding—allow students to use the restrooms corresponding to their self-affirmed gender identity, not their biological sex. It also challenges District 211’s implementation, to the detriment of its students, of that mandate.
The motion for preliminary injunction
asks the court to enjoin the school district’s policy that opens up restrooms and locker rooms to the opposite sex while the case continues. The memorandum
filed with the motion explains that allowing males who identify as girls to use the girls’ restrooms, locker rooms, and showers “violates and humiliates the girls.”
Responding to the DOE’s attempt to redefine the 1972 federal law known as Title IX, which prohibits discrimination based on sex, to include self-affirmed gender identity, the memorandum says, “The Department of Education, which enforces Title IX to ensure girls receive an education with access to facilities comparable to boys, has created a hostile learning environment, and the school is complicit. Ignoring legally required procedures, DOE created a rule that, for the first time, requires schools to let students use facilities according to their perceived gender, no matter their biological sex…. Both DOE and the District ignore the violation of Plaintiffs’ and other students’ constitutional privacy rights.”
The request for a preliminary injunction against District 211’s implementation of the DOE’s and DOJ’s mandate explains that these federal agencies are unlawfully attempting to redefine Title IX, which is a law that only Congress can alter. The DOE and DOJ cannot lawfully force school districts like District 211 to follow their illegitimate redefinition of Title IX, which violates the physical privacy rights of students.