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Supreme Court of the United States

Gloucester Decision Exposes Department of Education's Agenda to Redefine Sex

By Marissa Mayer posted on:
October 17, 2017

The U.S. Department of Education (DOE) clearly has an agenda to redefine what it means to be female and male, and its efforts are wreaking havoc on states and school districts nationwide.

The Gloucester School District in Virginia is the latest victim of the government's campaign. Last week, the U.S. Court of Appeals for the 4th Circuit ruled against the school district in a case involving a female student who demanded to use the male restrooms at her school.

The court’s ruling was based upon statements from the DOE telling schools that Title IX, which bans sex discrimination, "extends to claims of discrimination based on gender identity..." While the court did not order that the female student be granted access to male facilities, it did determine that the DOE’s new interpretation of Title IX should be given deference. The ruling also prevents the school district from enforcing its policy that protects students' privacy and safety by reserving restrooms and changing areas for members of the same biological sex.

According to the DOE and LGBT activists, this new interpretation means that schools can no longer maintain separate restrooms, showers, and locker rooms on the basis of biological sex. Rather, students must be allowed to select facilities based upon their feelings—whether the feel they are a boy or a girl.

That is simply not true.

Title IX and its regulations specifically allow schools to maintain separate facilities, including bathrooms and locker rooms. Here's the exact text:

[A] recipient [of federal funding] may provide separate toilet, locker room, and shower facilities on the basis of sex. However, such facilities provided to one sex must be comparable to facilities provided to the other sex. 65 Fed. Reg. at 52871.

Just because the Department of Education would like sex and gender to be the same thing, and wants to interpret the law that way, doesn't make it so.

“In truth, Title IX makes no such requirement,” explained ADF Senior Counsel Jeremy Tedesco. “DOE’s interpretation is completely off-base. What the law says is what matters, and the law explicitly allows separate restrooms and locker rooms. The DOE oversees but cannot change Title IX, which only Congress can modify, so the agency has no legal basis for forcing schools to open restrooms to students of both sexes.”

Under Title IX, it is an extremely remote possibility that states or school districts will lose funding for enacting laws and policies that require students to use the restrooms and locker rooms of their biological sex. And this isn't just a theory.

Prior to the misguided decision in Gloucester, every federal court that has ever examined this issue has concluded that it does not violate Title IX to maintain separate restrooms and locker rooms on the basis of sex. In fact, the Gloucester lawsuit has been going on since June 2015, and the school district continues to receive all federal funding to which it is entitled.

School districts have a responsibility to protect the privacy of all of the students in their care. Gloucester School District did just that when it adopted its common-sense policy to maintain separate bathrooms and locker rooms for male and female students, while providing private accommodations for students uncomfortable using the bathroom that corresponds to their biological sex.

Marissa Mayer

Marissa Mayer

Senior Copywriter & Editor

Marissa Mayer is an Arizona native who fell in love with the written word at a young age.

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