A group of Illinois parents have filed suit against a local school district and the federal government to protect the bathroom privacy and safety of their children enrolled in the public schools. Attorneys for the Alliance Defending Freedom filed the suit in U.S. District Court of Northern Illinois on behalf of 51 families of children in the Palatine, Illinois School District.
The litigation is a response to recent arbitrary actions by agencies in the Obama Administration demanding that public school districts across the country allow students to use the bathroom of their choice. Earlier this year, the U.S. Civil Rights Commission issued a “guidance” to school districts requiring that they permit students to use restroom facilities that reflected their imaginary “gender identity,” or risk the loss of federal education dollars.
Last week, U. S. Attorney General Loretta Lynch announced that the Civil Rights Division of the U.S. Department of Justice and the Office of Civil Rights of the U.S. Department of Education were taking things one big step further. The agencies issued a joint edict that public school authorities must allow students to use bathrooms, locker rooms, and shower facilities of the opposite sex, or forfeit federal education funding.
In thoroughly lawless fashion, Attorney General Lynch decreed that Title IX of the federal Education Amendments of 1972 prohibits discrimination based on a student’s so-called “gender identity,” and that so-called “transgender” students are lawfully entitled to use the bathroom that “aligns” with their gender selection. Lynch’s edict completely contradicts the clear language of Title IX as approved by Congress, which expressly authorizes schools to segregate bathroom usage based on a person’s biological sex.
In a completely incoherent press conference, Lynch asserted that “an individual’s sex consists of multiple factors, which may not always be in alignment.” Lynch stated that schools may not adopt “broad generalizations or stereotypes” as to a student’s actual gender, and that failure to allow boys to access girls’ private facilities and athletic programs and vice versa would contribute to a “hostile environment” for gender-confused students. She further pontificated that the “ideals” of the Founding Fathers prescribe unisex bathrooms.
Jeremy Tedesco and Matt Sharp, attorneys for the Alliance Defending Freedom, issued statements excoriating the latest illegal conduct of the Obama Administration. “Protecting students from inappropriate exposure to the opposite sex is not only perfectly legal, it’s a school district’s duty. Allowing boys into girls’ locker rooms, a setting where girls are often partially unclothed, is a blatant violation of student privacy. No government agency can unilaterally redefine the meaning of a federal law to serve its own political ends.”
The Alliance Defending Freedom has also filed a lawsuit in U.S. District Court in Eastern North Carolina on behalf of another group of parents and students. North Carolina has taken center stage in the sudden national showdown over the subject of bathroom privacy both and in out of schools. Earlier this year, the North Carolina Legislature adopted a law called the “Public Facilities and Privacy Security Act” requiring that designated public restroom facilities may only be used by individuals of that biological sex.
In an effort to coerce North Carolina Governor Pat McCrory and state lawmakers into repealing the law, the U.S. Justice Department has filed suit against the state, claiming that their actions violate federal civil rights statutes. Attorney General Lynch made the incredulous argument that keeping men out of women’s bathrooms is the same kind of discrimination that kept African-Americans in separate bathrooms during the era of “Jim Crow” laws in southern states. The feds warned that North Carolina will lose more than $2 billion in federal funds if they do not capitulate.
However, Loretta Lynch and her bureaucratic lynch mobs have chosen the wrong opponent in Governor McCrory. The Governor has also filed suit in U.S District Court against the federal agencies, accusing them of a “radical reinterpretation” of the nation’s civil rights laws, and of a “baseless and blatant overreach” of their constitutional authority.
“The Obama Administration is now bypassing Congress by attempting to rewrite the law and set restroom policies for public and private employers across the country,” McCrory said. “They are now telling every government agency and every company that employs more than 15 people that men should be allowed to use a women’s locker room, restroom, or shower facilities.”
Predictably, the ultraliberal media have served as pom-pom squads for the latest outrage from the Obama Administration. The editorial board of the Charlotte Observer argued that girls should “overcome [their]discomfort” at viewing “male genitalia in [their] locker rooms.” While the editorial writers said this “might be distressing to some…it was not nearly so awful as some people imagine.”
Public officials across the country have deplored the foul impact of the Obama Administration’s bathroom edict on the nation’s public education system. Texas Lt. Governor Dan Patrick predicts there will be a fresh exodus from the public schools. “This will be the end of public education, if this prevails. People will pull their kids out–homeschooling will explode, and private schools will increase.”
While we could include countless paragraphs on public reaction to the bathroom mandate, we found these comments from Andrew Walker of the Ethics and Religious Liberty Commission most insightful:
“This debate isn’t really about transgender men or women using the restroom of their choice. The restroom wars are merely a proxy debate for a larger conflict about what it means to be a male and female. As Christians, we’re told God created us in His image. God med men and women as equal, but distinct.”
“These distinctions are beautiful, good, and a testament to God’s wisdom in creation. These distinctions are objective and permeate the very essence of our physiology and psychology. Rewriting laws to conform to the spirit of the age cannot rewrite the laws of nature and nature’s God.”
You can sign a letter expressing your opposition to the federal bathroom mandate by using this link:
Once you have reached this website page, click the “take action” menu item at the right top corner of the page.