After weeks of watching many different news outlets voice their opinions on this bill and whether or not it is constitutional, we now have 11 states that wish to challenge the president and his administration on that matter. Those states include: Alabama, Arizona, Georgia, Louisiana, Maine, Oklahoma, Tennessee, Texas, Utah, West Virginia and Wisconsin. Do these eleven states have a case that could potentially reverse the decision on the bill? Some would say YES! Others would say NO! Who has a stronger case? Let’s dissect each other party’s main argument.
Party 1 (Conservatives): Argument:
Pedophiles will now take advantage of this new policy.
Party 2 (Liberals): Counterargument
First, this policy is currently only supposed to be enacted for public schools. The only way that pedophiles will be able to use this policy is if a member of the staff at a school is a pedophile, which then it is the school’s fault for not noticing this in their employee. Even if this was for public restrooms, the pedophiles would still commit the crime no matter if the law is there or not. No law is going to stop an individual from committing a crime, if that is what their heart desires.
Party 1: Argument
It’s not constitutional for him to be able to place such policies on public schools
Party 2: Counterargument
According to Title IX: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. (US Department of Education)
Party 1: Counterargument
Sex refers to biological differences; chromosomes, hormonal profiles, internal and external sex organs. Gender describes the characteristics that a society or culture delineates as masculine or feminine.
Note from reporter:
In order for Title IX to completely cover a transgender person, they would either need to have surgery to fix their sex or Title IX must be reformed to say basis of gender instead of sex. Now, the current bill that is being refuted states that bathrooms and locker room should be based on gender instead of sex, but there is not a law that says it in writing.
What are government leaders saying about this bill?
The Department of Education ordered schools to create policies to grant preferred bathroom access to transgender students or risk losing billions in federal funding. U.S. Attorney General Loretta Lynch said “there is no room in our schools for discrimination,” which is a feeling that most liberal thinking citizens also hold. However, their counterparts, Texas Attorney General, Kenneth Paxton, share the view that the president and his administration are “running roughshod over commonsense policies” (USA Today). Also according to The Associated Press, Lt. Gov. Dan Patrick has previously said Texas is willing to forfeit $10 billion in federal education dollars rather than comply. The statement has this reporter wondering how the students, faculty, and parents feel about the loaded statement of the Lt. Governor of Texas. Personally, I support the bill sent by the Dept. of Education and feel like the state government is throwing a fit over an issue that should not exist. However, it is their right to make a fuss if they wish.
After closely examining what the media and government officials thought about the current situation, I decided that I would interview and see what other individuals thought about the transgender bill and the current situation with the eleven state.
Question 1: What is your feelings toward the Transgender bathroom bill?
Taylor Condre: "I believe it is a good thing. Students should feel comfortable at their schools and that includes going to the bathroom. I also feel more comfortable knowing students are going to the restroom they identify with."
Zachary King: "I understand it, but I don't believe it's a policy that is needed. I don't think it should be enforced the way it has been, and instead of being something that has to be done, it should be individual basis."
Further Question:
So you feel like it should be a choice of whether or not to implement the policy?
King: "Yea. I believe it is needed, but if an institute feels as though the policy isn't needed then it should be their choice."
Question 1 Continued:
Chelsie Williams: "It's their bodies it's none of my business what bathroom they use."
Shantel Lewis: "I feel uncomfortable or uneasy about the situation. I have no problem with transgender but I feel like instead of combining the bathrooms to where everyone can go in either of them is a little poorly thought out. I mean there are family bathrooms that allow all gender to take care of their business. I'm not one to judge but some people, but not all, can say they are something they are not and I feel that could be a problem later on. A few can ruin a bunch."
Tierney Robbins: "They are as equal as people as everyone else. I feel I'm a woman, so I use the women's restroom. If there is a man who feels he's a woman, undergoes years of struggle to become a woman, he has as much right to use the women's restroom as I do."
Jordan Borden: "I have mixed emotions. On one hand I do believe that they need a bathroom so that they feel safe and see able to use the bathroom in peace. I just think you should let a person use the bathroom they feel that true gender is, if that makes sense. I can see where people (mostly men by the way) would tend to take advantage, but I don't understand. They should get their own bathroom to be honest so maybe everyone would stop freaking out."
Michael Grube: "Let's be completely and totally honest, I’ve never seen a man that looks like a man enter a female restroom unless he's going in with his daughter. The fact that we are now allowed to use whatever bathroom we want changes absolutely nothing, it's just finally in writing. It's a subject that I know can be touchy, but if you're concerned with new laws being implemented there are many public areas that offer single family restrooms for use by any gender."
Question 2: What is your reaction to the Eleven States filing a lawsuit?
Condre: "It hurts me a little bit inside. I realize that most of it comes from lack of education and fear. However, i wish they would educate themselves about what is really going on."
Further Question:
How do you think this reflects the values of these states? Do you feel like the state should have no say on whether they enforce this policy or not or make it to where it is on a state to state basis?
Condre: "It shows the traditional values of the states. I am usually for states’ rights. However, when it comes to discrimination, the federal government should do something. It may take time, but i hope that the people in these states will see that it won't be men going into a woman's restroom. It will be woman going to a woman's restroom."
Question 3: Do you feel like the Pedophile Defense is valid?
Condre: "Those people weren't concerned about pedophiles being in the restroom with children of the same sex before. It's a transphobic response."
King: "There have been a few cases of men following women into the bathroom since the policy was made, but it's rare. There's clearly a chance that it could happen, but if a man or woman decides they want to sexually assault someone, they'll do it regardless of laws."
Williams: "How would a law stop pedophiles in the first place? If someone wanted to dress as the opposite gender and go into the bathroom of that gender, then they would. People can do that now! What's stopping them?"
Lewis: "That could be a possibility, yes. Anyone can take advantage of someone at any moment. I don't think it would be wise to give someone the opportunity to do so. Not just for kids, but adults as well."
Robbins: "I believe that evil will do evil. If a pedophile believes he can use that to his advantage he will. However, children shouldn't be going to restrooms alone anyways. And if a woman is afraid that a rapist will use it to his advantage, the woman should do what females who believe those things may happen do: learn defense. Whether it pepper spray or melee."
Grube: "Like I said, if you have a problem with policies, many public areas offer single stall restrooms for use."
Question 4: Do you believe the Title IX defense is valid?
King: "Using Title IX to back it makes sense, but I also see why people still have a problem. I have to say it's valid because if people want to see transgender differently than man and women then they have to give them equal treatment in all cases."
Williams: "Yes!"
Lewis: "I know everything is all "equal rights" nowadays, but I don't think they are really thinking things through. I feel like the validation is more of an excuse of why it should happen than the administration trying to do the right thing."
Further Question:
What would you recommend that should be done in order to improve this issue?
Lewis: "Honestly people that change their life style shouldn't be so butt hurt about things not going their way. Like not being able to go into a bathroom of their choice. Instead of risking other safety and security just ask for more unisex bathrooms or family bathrooms. It's much more private, no one will look at them any different (if they are worried about that) and no one can dirty the reputation of anyone who is trying to make justice out of the situation."
Question 4 Continued:
Robbins: "Yes...ish. I feel as if people didn't read the policy fully. They think the policy counts for all matters of public interactions. So yes, it supports the policy, but no, people will not believe it does. The policy was just intended for the educational background, but many took it as full scale restrooms."
Grube: "In all honesty, it shouldn't have to be defended. But no, title IX doesn't seem to quite fit the description of using a restroom."
Other comments:
Robbins: "There's just no valid reason for making someone else follow the identity you want them to follow because it makes you uncomfortable. It's like if people tried to rationalize making someone else change their shirt. 'I don't like when she wears blue' OR 'I hate when men wear orange.' Well too bad! Like going to a restroom is going to scar you if there's a man (who is technically a woman) in the restroom. I say dump gender based restrooms and just have restrooms. 'WELCOME TO THE BATHROOM. PICK A STALL.' Rather than 'use this bathroom only if you have male reproductive organs, and this one if you have female.'
Conclusion
Upon review of speaking with colleagues, it has become quite clear that the majority of students see nothing wrong with having transgender friendly bathrooms. It seems like politicians, and other generations have fallen into the mindset of tradition and do not see the progress that America is trying to make. It is this reporter’s opinion that America should be the land where you can be any race, gender, sexuality, economic class or age and not be discriminated against. We all need to have a basis of equality. There are enough other issues going on with corporate corruption, wars, and the national debt for us to have to fight over something so simple as this. Please take a moment to reflect upon your life. Should all humans be based upon your values and your lifestyle? No, we all have our own experiences that have brought us to where we are as people. Do not impede on others right to find their place. Equality is for all, not just the select few who are US born, white, straight, wealthy, working, male and church-going.