Schools urged to ignore bathroom guidance
This week I wrote a letter to the superintendents of public schools in Maryland’s First Congressional District. In the letter, I thanked them for their service as educators and community leaders because I appreciate the role they play in the development of our communities and citizens.
Because I realize the tenuous position the Departments of Education and Justice have put them in, through the guidance provided in their May 13 letter to school districts, I urged them to continue to respect a student’s right to privacy – including girls who do not wish to undress in the presence of biological boys or whose parents feel likewise.
I strongly believe the Obama administration will not have the last word on this issue.
As you may know, in response to a Charlotte, North Carolina, city ordinance that would allow transgender people to use public restrooms of the gender in which they identify, that state House Bill 2 into law, preventing a person in North Carolina from using bathrooms that do not correspond with the sex listed on the individual’s birth certificate.
In response, the U.S. Department of Justice stated that the law is in violation of the Civil Rights Act and demanded North Carolina repeal the law or risk federal repercussions.
Subsequently, the Obama administration sent the May 13 letter to school districts across the country containing guidance that would require all public schools to accommodate students using restrooms of their choice regardless of their biological sex.
Violation of this guidance is, of course, under the implicit threat of withholding federal funds and/or legal action by the DOJ.
On this issue, I believe the administration is misinterpreting federal civil rights law and violating states’ rights. There is no statutory authority for this guidance.
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Thus, these conflicts must and ultimately will be resolved by either Congress or the federal courts. Already, a group of 51 families in Illinois has filed a federal lawsuit challenging the Department of Education mandates their school co-mingle sexes in locker rooms based on the department redefining the term “sex” in federal law.
Additionally, on May 25, a group of 11 states filed a separate federal lawsuit challenging the administration’s guidance directing schools to allow transgender students to use restrooms and other facilities that match their gender identities.
Clearly, the issue will not be decided by this misinterpretation of civil rights law by the Obama administration.
Congressional actions are being discussed, including making it clear no monies may be withheld until federal courts resolve this issue – an outcome that may take years. Until the issue reaches a final disposition, these superintendents can be assured of my support for them and their right to set policy for our schools, even if that policy is not in conformity with the May 13 letter of guidance.
As the 114th Congress addresses the many challenges facing our nation, I will continue to fight for the rights and values of the citizens of Maryland and of these United States of America.
Andy Harris represents Maryland’s 1st District in the U.S. House of Representatives.