Even liberal Missouri Attorney General Chris Koster stated that the federal agencies had gone too far. Koster said that the issue of bathroom access should be handled on the local level by school districts that "are capable of forming lawful policy on this issue." On the other hand, Missouri U.S. Senator Claire McCaskill was quoted as saying that allowing men to invade the privacy of women's bathrooms is "kind of common sense."
In the meantime, it was announced last week that eleven states have filed suit against the Obama Administration over the bathroom edict. The litigation, spearheaded by Texas Attorney General Ken Paxton, was filed in U.S. District Court in northern Texas. The lawsuit alleges that the federal dictate "flouts the democratic process, and runs roughshod over commonsense policies protecting children and basic privacy rights."
Kellie Fiedorek, legal counsel for the Alliance Defending Freedom (ADF), applauded the joint state action. "Schools have an obligation to protect the privacy and dignity of all students. Students should not be forced to undress in the same locker rooms and share rooms on overnight trips with students of the opposite sex.
Americans should be thankful we have school districts and states who are not capitulating to the threats and bullying of a federal government that is out of step and out of touch with the American people."
Back here in Missouri, an attorney allied with ADF has sent a letter to every public school district in the state explaining that they are not legally required to allow students to use the restrooms, showers, and changing rooms of the opposite sex. Springfield attorney Marsha Stiles points out in the letter that Title IX regulations specifically allow schools to "provide separate toilet, locker room, and shower facilities on the basis of sex."
The letter from Stiles details the legal standard that students have the fundamental right to bodily privacy, and that parents have the fundamental right to control their children's education and upbringing. Stiles documents the fact that in all but one case federal courts
have ruled that bodily privacy is violated when students "are forced into situations where members of the opposite sex may view their partially or fully unclothed bodies."
Stiles also makes clear that the threat by U.S. Attorney General Loretta Lynch to withhold federal funding is a hollow one. The simple fact, according to Stiles, is that "no school has ever lost funding in the 40 years since Title IX was enacted."
We strongly encourage you to contact your U.S. Senators and U.S. Representative to urge them to work to
overturn the Obama Administration bathroom mandate.
You can reach Senator Roy Blunt through this link:Senator Roy Blunt
You can reach Senator Claire McCaskill at this link:Senator Claire McCaskill
You can contact your Congressman or Congresswoman through this link:Your Congressman