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Susan Gallagher, Parents Rights In Education

Dallas, Oregon: School District decided to allow a biological female pretending to be a male, to undress in the boys’ locker room. As you may remember, Parents’ Rights In Education sued for the rights of individual students to privacy in respective locker/bath facilities while on the school campus.

With no option for appeal, U.S. District Judge Marco Hernandez threw out the lawsuit. Case law cited by Judge Hernandez involved adults, not MINOR children. Oregon law, ORS659A.403 says “school districts may provide for minor children, safety and privacy, by maintaining sex segregated restrooms and locker rooms by biological sex, and provide single stall facilities for anyone requesting alternative accommodation, without breaking any laws.”

In a Nutshell
February 12, 2020 the Ninth Circuit panel issued its decision affirming the trial court in all respects.

The court adopts an overly narrow view of privacy that actually affords prisoners greater bodily privacy rights than public school students!The court places the interests of one student above the privacy, dignity and safety of all students; ignoring the reality that most people do not want to be in private facilities with members of the opposite sex.  Case in point: At a recent OSU basketball game, (we were there) a woman student walked into the men’s restroom and stood in line to use the stall facility. The men told her to leave, but she knew campus policy would be on her side, and remained in line. Why, if “she” identifies as “he,” did she not use the urinals?

The court acknowledges students’ anxiety at exposing their bodies to members of the opposite sex, and admits the alternatives made available to all other students appear “inferior and less convenient”, but imposes those accommodations unequally on the majority anyway.

The same issue of accommodating transgender and other rights under Title IX is currently awaiting decisions in three cases before the U.S. Supreme Court . Stay tuned for the next step!
Read Decision HERE.

Thursday, Tualatin, February 27th


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