School “Gender Inspection” Bill Talking Points
“Gender Inspection”
As we continue to defeat invasive gender inspection bills, our opposition is deploying new ways to limit transgender people’s access to restrooms. From limiting access based on birth certificates, chromosomes, or by limiting the definition of “sex,” your messaging will require individualized talking points based on the content of your bill(s). Consider the recommendations below as an overview for your talking points. (Courtesy of Freedom for All Americans)
Every student should have a fair chance to succeed in school. But students, including those who are transgender, are denied important educational opportunities because they are forced into situations where their safety is at risk. This law would force a transgender student who lives life every day as a girl to use the boy’s restroom, putting her at risk for bullying, harassment, and assault.
School gender inspection bills would require students to prove their anatomy matches either the sex on their birth certificate or the sign at the door of a restroom. Who will be responsible for conducting these inspections? How will they do that? Gender inspection bills risks student’s privacy and safety in restrooms, including students who are transgender.
Legislators can’t reasonably ask students and teachers to monitor who enters restrooms. If they do, it could result in invasions of personal privacy of all our state’s children that will expose schools to liability, lawsuits, and even potentially losing millions of dollars in federal education funding.
The federal government has already ruled that schools must work to meet the needs of all students, including transgender students, in order to receive federal funding. This bill would place every school district in the position of following state law while knowing it invites federal litigation.
School gender inspection bills violate Title IX of the Education Amendment Act, and Title IV of the Civil Rights Act — laws that prohibits sex discrimination in public schools. Gender inspection bills would force schools to violate federal laws and risk the state’s millions of dollars in federal education funding.
Transgender girls are girls and belong in the girls’ room. Transgender boys are boys and belong in the boys’ room. But the most important thing to know is that transgender people visit the restroom for the same reason as everyone else — to use it. And when they do, they want privacy, safety, and respect just like everyone else.
According to a recent study of nearly two dozen school districts and four universities (collectively serving 1.5 million students), transgender students have been using the restroom that matches the gender they live everyday – and they have been doing so without any incidents of harassment, assault or inappropriate behavior in facilities.
Instead of focusing on their studies, transgender students are forced to stress over which restroom might be safe for them to use throughout the day, if at all. Some transgender students will forego restroom use, avoid eating or drinking in order to avoid using the restroom, or skip school altogether. All of these behaviors can cause significant and lasting health problems for transgender students.
Transgender students are a part of everyday American life as society has become more accepting of all kinds of differences. Instead of ostracizing or bullying them, schools and communities need to embrace kids who are different and ensure that all are able to be safe, be themselves, and succeed in school.
Nearly nine in ten transgender students are verbally harassed at school due to their gender expression (87 percent) and more than half have also been physically assaulted (53 percent) according to a 2009 GLSEN report.
Transgender people are those most likely to be victims of violence in restrooms. Sexual assaults in public restrooms are rare; however physical or verbal assaults on transgender people in restrooms are not rare. Many transgender people have been physically violated or harassed by people who believe they are in the “wrong” restroom.
17 states, more than 200 cities, and a number school districts permit restroom access to transgender people. Neither law enforcement nor teachers in these places have reported an increase in public safety incidents in restrooms since those protections passed.