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Religious organization in Arizona challenged Le Roy schools on transgender student policy

By Howard B. Owens

A conservative Christian group based in Arizona has issued a press release challenging the Le Roy Central School District for its handling of a reportedly transgender student and the student's access to locker rooms and restrooms. In a separate letter to the district and released by Alliance Defending Freedom, the advocacy group states that some male students are uncomfortable sharing facilities with a female student who identifies as male, but gives no indication that ADF actually represents any local residents.

The press release invites any district parents concerned about the issue to commence legal proceedings against the district. The district has not issued a statement in response to the press release from ADF.

Press release (links within the press release are to third-party sites):

Alliance Defending Freedom sent a letter Friday to the Le Roy Central School District Board of Education that asks it to reverse a recent decision by district staff to allow students to use locker rooms and restrooms of the opposite sex. The letter provides a suggested policy that addresses the school district’s concerns about discrimination without allowing the sharing of restrooms.

The ADF letter explains that no federal law requires public schools to allow boys into girls’ restrooms or girls into boys’ restrooms. In fact, as the letter notes, the district could be exposing itself to legal liability for violating students’ right to bodily privacy.

“Protecting students from inappropriate exposure to the opposite sex is not only perfectly legal, it’s a school district’s duty,” said ADF Legal Counsel Matt Sharp. “Letting boys into girls’ locker rooms and restrooms is an invasion of privacy and a threat to student safety.”

In December 2014, ADF sent public school districts nationwide a similar letter that it has now provided to Le Roy Central School District. All of the ADF letters cite pertinent legal precedent, including court rulings that support the ability of public schools to limit restrooms to members of the same sex for privacy and safety reasons without violating Title IX, a federal law concerning sex discrimination in public school programs and activities.

“Allowing students to use opposite-sex restrooms and locker rooms would seriously endanger students’ privacy and safety, undermine parental authority, prejudice religious students’ free exercise rights, and severely impair an environment conducive to learning,” the ADF letter to Le Roy Central School District explains.

“ADF’s policy allows schools to accommodate students with unique privacy needs, including transgender students, while also protecting other students’ privacy and free exercise rights, and parents’ right to educate their children.”

The ADF letter also offers to evaluate the situation and potentially offer free legal assistance if anyone files a lawsuit against the recommended policy.

“Schools can accommodate a small number of students that have different needs without compromising the rights of other children and their parents,” added ADF Senior Legal Counsel Jeremy Tedesco. “No child should be forced into an intimate setting – like a bathroom or a locker room – with a child of the opposite sex.”

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