The issue of whether or not transgenders can use bathrooms for the opposite biological sex could well be headed to the Supreme Court, following a decision by the Fourth U.S. Circuit Court of Appeals. And in California, parents and students are privately battling out the issue at their local school.
The Fourth Circuit ruled in favor of a Virginia high school transgender student, a biological female, who sued to gain access to the boys' restrooms. Conservative Review writer Nate Madden says the ruling affirms the Obama administration's Department of Education opinion that Title IX should add transgenders as a protected class.
"You can't use Title IX funding to discriminate between males and females or trans males, trans females, nonconforming, gender-fluid, what have you,” he says. “So it expanded that rule based on really unconfirmed psychology in a lot of cases."
He further stated that there is a lot of disagreement among social scientists as to how this phenomenon should be treated.
"There are a lot of psychiatrists and a lot of counselors and researchers who disagree with the supposed consensus that gender dysphoria, which is the actual case typically behind transgenderism, has to be treated by just being accepted and that we have to treat people as something contrary to their biological reality," he adds.
Madden is doubtful the case in question involving the Gloucester County School Board could make it through a lethargic legal system to the Supreme Court before a justice is confirmed to replace Antonin Scalia, who died in February.
Meanwhile, the confusion is quickly spreading to more ambiguous situations. A public school in Los Angeles, California, opened a 15-stall, all-gender restroom where not just transgender students, but all male and female students will commingle.
The sign on the bathroom door of the Santee Education Complex simply reads "all-gender restroom." The school relented to the Gay Straight Alliance who petitioned officials for the change. Brad Dacus of the Pacific Justice Institute says school administrators are expecting students to accept the unreasonable.
"Everyone has to pretend that someone is of a different gender than what they really are,” he says. “And if they don't, they're considered to be bigots. That is not reasonable for adults. It's certainly not a reasonable expectation for America's youth in public schools."
A fight broke out when protestors on both sides of this issue confronted each other in front of the school, which Dacus says will probably become more commonplace.
"This is a key indicator of how the frustration of reasonable people and parents is growing,” the attorney tells OneNewsNow. “And it's going to continue to grow if this movement continues to show disrespect and intolerance to the privacy rights of all students attending public schools."
Many are skeptical of the Alliance's plan to use its “text a tip” program as a sufficient means to ensure student safety.