A federal appeals court panel has ruled that a student must be allowed to use the bathrooms, locker rooms, and shower rooms of the opposite sex. The Richmond-based Fourth Circuit Court of Appeals has ruled that students are legally entitled to access the private facilities that correspond to their imaginary “gender identity.”
The case involved a girl from the Gloucester County School District who says she identifies as a male. A lawsuit was brought on her behalf challenging a school district policy that students must use the bathroom appropriate to their gender or a single-stall unisex bathroom. She claimed that she suffered “psychological distress” when she used the girls’ restroom.
In a ruling that completely contorts the meaning of the law, a majority of the three-judge panel ruled that the school district policy violates Title IX of federal education law. That statute prohibits schools that receive federal funding from discriminating against students based on their gender.
The majority opinion states that Title IX “requires schools to provide transgender students access to restrooms congruent with their gender identity,” as opposed to what the court described as their “so-called biological sex.” In fact, Title IX says exactly the opposite. Title IX specifically authorizes schools to have separate restrooms and locker rooms for boys and girls.
Judge Paul Niemeyer issued a forceful dissent to the ruling, pointing out the obvious fact that his fellow judges had turned upside down the clear language of Title IX and its regulations. “This holding completely tramples on all universally accepted protections of privacy and safety that are based on the anatomical differences between the sexes.”
“This unprecedented holding overrules custom, culture, and the very demands inherent in human nature for privacy and safety, which the separation of such facilities is designed to protect,” Niemeyer continued. “An individual has a legitimate and important interest in bodily privacy such that his or her nude or partially nude body, genitalia, and other private parts are not exposed to persons of the opposite biological sex. Courts have consistently recognized that the need for such privacy is inherent in the nature and dignity of humankind.”
Judge Niemeyer was appointed to the federal bench by President George H.W. Bush. The judges who wrote the majority opinion, Henry Floyd and Andre Davis, were appointed by President Barack Obama.
The renegade federal court ruling comes in the wake of lawless conduct by the U.S. Civil Rights Commission. That commission has issued a “guidance” to local school districts insisting that they must allow students to use the private facilities of their choosing, or forfeit their federal education funding. This dictatorial edict also flies in the face of the clear language of Title IX.
Matt Sharp, legal counsel for the Alliance Defending Freedom, says that the 4th Circuit ruling is an unprecedented attack on human nature and common sense. “Protecting students’ privacy while using restrooms, showers, or locker rooms is not only legal, it’s an important duty of officials who watch over our children. The school district policy is right to not force students to share intimate settings with members of the opposite sex.”
The jurisdiction of the 4th Circuit Court of Appeals includes the states of Virginia, West Virginia, Maryland, North Carolina, and South Carolina. The appellate court ruling may have an immediate impact on North Carolina, where the state legislature recently adopted a law regulating the use of public bathroom facilities. The law, signed by Governor Pat McCrory, prohibits the use of men’s and women’s restroom facilities by members of the opposite sex.
That action has drawn the collective ire of the HLGC (homosexual, lesbian, and gender-confused) movement and their corporate allies. HLGC activists have proposed travel boycotts of the state, some rock bands and celebrities have canceled their tours, and the Commissioner of the National Basketball Association has threatened to move their All-Star Game out of Charlotte.
Among those supporting the North Carolina Legislature’s action was former Boston Red Sox star pitcher Curt Schilling. In a Facebook post, Schilling stated: “A man is a man no matter what they call themselves. Now we need laws telling us differently. Pathetic!”
In response to Schilling’s comments, the sports network ESPN fired him from his job as a commentator for major league baseball games aired on their network. ESPN said in a statement that Schilling’s statement violated their corporate policies of inclusion. Inclusion of everybody, that is, except those who believe that men don’t belong in bathrooms and locker rooms with women and young girls.
Tony Perkins, President of the Family Research, condemned ESPN for its world-champion hypocrisy when it comes to politics and religion. “Red Sox pitcher Curt Schilling is used to throwing people out–not being thrown out. The idea that any father wouldn’t want his daughter to share a restroom with a grown man was too much for the sports network, who sent him to the showers.”
“Obviously, Schilling was targeted because he expressed politically incorrect views,” Perkins observed. “Is it really so radical to suggest that people select the restroom or locker room that matches their anatomy, so as not to violate the privacy and safety of the other 99.5% of society?”