The Rights that Students and Parents Have to Challenge Transgender Policies
In part two of our “Back to School” Facebook Live series, FRC policy experts Sarah Perry and Cathy Ruse discuss the legal status of transgender policies in public schools, what rights students and parents have to fight these ideological policies, and much more. Here is a summary of some key points from this discussion:
- Despite the fact that there is no federal mandate to enshrine transgender policies in public schools, individual schools and states can (and in some cases are) mandating these controversial policies.
- This issue goes well beyond bathrooms – 17 different areas within school policy can be affected by the implementation of transgender ideologies, including showers, overnight sleeping accommodations, the forced use of pronouns, etc. In Fairfax County and some other school systems, little girls are being taught that they may grow up to be men, and little boys are being taught that they may grow up to be women.
- Some public schools are now framing “children’s rights” in terms of students who identify as “transgender” using school as the time where they are free to express their “true selves”; if parents object to their children’s behavior, they are seen as being in the way of their children’s freedom.
- Can schools force students to call a fellow student by the sex that they identify as (that is opposite from their biological sex)? Our First Amendment right to not be compelled to speak should guard against this, but this could very well be challenged in court in the future.
- Most states do allow parents to opt their children out of sex-ed classes. However, “gender identity” is increasingly being taught outside of the sex-ed curriculum in “general health” classes where there is no option to opt out. Parents have to fight at the state level and the school board level for the right to opt their children out of any lessons they deem objectionable.
- Students who are being forced to undress in locker rooms in front of those of the opposite biological sex can ask for accommodations to be able to use a separate facility; this may be the only short-term recourse.
- In the vast majority of states, parents have the right to review curriculum, lesson plans, and lesson materials. If you can’t opt your child out of the objectionable material, you can at least prepare them for what they will encounter.
- It is not the gender-confused child, their parents, the teachers, or the school that should be blamed in all of this; they may be under pressure from outside forces such as the state or transgender activists. Compassion is always the appropriate response. It is critical to remember that 80 to 90 percent of gender-confused children will ultimately accept their true biology. By “affirming” a child in the opposite gender, these policies are locking a child into something they will likely normally grow out of.
View the full video to find out more:
First published at FRC Blog
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