Marion County dove headfirst into the transgender bathroom controversy, requiring transgender students to go to the bathroom of their birth sex rather than their identified gender.
Last week, the Marion County School Board approved a measure 4-1 requiring its students to use the bathroom of their birth sex.
Public restrooms have become more than just a way to relieve bodily functions in 2016 -- they’ve quickly become the center of immense controversy. The issue has pitted people against each other over whether or not transgender people should be allowed to use the bathroom of their identified gender or if they should be forced to use the bathroom of their birth sex.
Celebrities like Caitlyn Jenner have gone head-to-head with politicians like Republican Presidential hopeful Sen. Ted Cruz, D-Tex., over whether or not transgenders should be allowed to use the bathroom of their choice.
The Marion County School Board’s decision comes just two months after the district had begun allowing its transgender students to use the bathroom of their identified gender.
Local news reports said hundreds showed up to attend the meeting, including transgenders and teachers as well as local pastors.
One Marion County parent testified that the unilateral bathroom agreement had caused his son significant stress. Harrell “Hal” Phillips, testified that his son was incredibly upset when he encountered a female student in the boys’ restroom, feeling deeply violated by the student’s presence in the bathroom.
Liberty Counsel, which represented Phillips before the School Board, said the incident “deeply violated” his religious beliefs of personal modesty as well as his constitutional rights to privacy.
“This was a place where he has a reasonable expectation that he will not encounter the opposite sex,” wrote Liberty Counsel in a statement, offering to defend the school board for free if it is sued for adopting the policy.
The American Civil Liberties Union of Florida disagreed, saying the measure would have a negative impact on the school district’s transgender students.
"It's very unfortunate to see the very members of the community charged with educating and protecting our young people instead working so hard to harm some the district's most vulnerable students,” wrote ACLU LGBT rights staff attorney Daniel Tilley.
Other groups said the board’s decision was courageous and commended members for putting their feet down in the face of controversy.
"This policy protects the privacy rights and safety of all Marion County students,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The four board members who voted to approve the policy should be commended for their common sense and courage in the face of threats and intimidation by the ACLU and its allies, who desire to impose radical 'gender theory' on schoolchildren."
The issue isn’t necessarily new in Florida, though. Legislation to prohibit transgenders from using the bathroom of their identified gender (not their birth gender) was one of the hottest bills to be introduced in the 2015 legislative session.
That bill’s sponsor, Rep. Frank Artiles- R-Miami, pushed heavily to make entering the bathroom of the opposite sex a first-degree misdemeanor, which, if passed, would have been punishable by a $1,000 fine and up to a year in jail. The bill later died and was briefly brought back for the 2016 legislative session, but was later withdrawn.
The ACLU has told the school board its decision would directly violate Title IX sex discrimination requirements and would also violate the U.S. Constitution.
“Excluding transgender students from the same restrooms used by other students that correspond to their gender identity would send a message to transgender students and their peers that transgender students should be treated differently and that their mere presence in the same facilities used by their peers is unacceptable,” read the ACLU letter to the Marion County School Board.
The ACLU has said it will file litigation over the decision.
Read the school board’s resolution on the transgender bathroom ban here.
Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.
