Truth as I see it, transgender bathrooms
Recently there has been a lot of attention on transgender bathrooms. I want to share with you “The Truth as I see it.’ Remember, this is the Truth as I see it. They are my views and do not represent the views of the Jordan School Board or the Jordan School District.
The role of the school board is to create policy. Commonly, a policy is based on Board Rules made by the State School Board. Board Rules are based on State Law created by our legislators.
TRUTH: there is not a state law on Transgender Bathroom use.
TRUTH: The State School Board studied Transgender Bathroom use and chose NOT to create a Board Rule because there is no state law on this issue. I find it ironic that two State Board Members came to speak to the Jordan School Board and told us to do our job and create a transgender bathroom policy when they failed to do their job and create a board rule.
TRUTH: When the State School Board could not develop Board Rules on this topic, Local Districts were asked to handle this issue on a case-by-case basis.
TRUTH: No local school board in Utah has created a policy on Transgender Bathrooms.
I believe if a School Board were to create a policy without the backing of state law and board rules, we would be open to possible litigation. I do not want to spend education dollars in the courtroom. In my opinion, the state would not defend this case because we are not following the law; there is no law. Ultimately, we would need to take educational dollars out of the classroom and spend it in the courtroom.
I am not a lawyer, but I know how to use Google.
I beleive that the US Supreme Court will settle this issue. Federal Appeals Courts have ruled differently on this issue, forcing the Supreme Court to take this issue soon—mix in Title IX compliance issues, which becomes even more confusing. The US Supreme Court has already ruled on Transgender Use of Bathrooms in the workplace but specifically said that that case does not apply to schools. Many cases nationwide are working their way to the US Supreme Court.
TRUTH: I beleive in obeying, honoring, and sustaining the law. If Utah Lawmakers make a stand on this transgender bathroom use and create a law, as they did for Transgender Sports, I support their judgment and would do everything in my power to make a policy that upholds the law.
Personal Opinion: If Utah decides to jump into this issue with state law and state board rules, it could come at a cost.
2016, when North Carolina passed the “Bathroom Bill,” the economic cost was staggering. The NCAA pulled out the Championship games in 2016, and the NBA All-Star game was moved from the state in 2017. It is reported that the “Bathroom Bill” cost North Carolina 3.75 Billion dollars. The cost was so high the legislators repealed the bill one year later.
Utah is on the verge of hosting a future Winter Olympic Games, courting a Major League Baseball or Hockey Team, and a future bill could similarly impact our state. It is still up to our legislators, and I am ready to create policy with any law they make. Whatever direction lawmakers go, I hope they will indemnify local school districts, meaning they will cover any court cost in defending a law on this issue.
TRUTH: We can do something as we work together to find common ground. We agree on more things than we disagree on.
All sides would agree we want our children to feel safe in our schools. I beleive we can create safe, private places in our buildings regardless of the law. Designs already exist nationwide that can help us create secure, private areas for all children. I beleive that bathrooms can be created so that all genders can have a safe place. Additionally, I beleive we can create a design that will prevent vandalism, bullying, sexual assaults, vaping, and a variety of other issues that we currently deal with in our current bathroom design.
I do not know what will become of this issue as these points of TRUTH are the TRUTH as I see it. Again, I do not represent the Jordan School Board or the Jordan School District. I pledge that I will, and I feel our board will, continue to listen to all sides of this and other issues and will work hard to do all things that are within our control.
One school did this in their bathroom design that provided an inclusive, safe area for all kids.
Articles of Interest:
Bathroom Bans for Transgender Youths Are Poised for Supreme Court Review https://www.nytimes.com/2023/01/23/us/politics/supreme-court-transgender-students-bathrooms.html
Federal court rules that transgender students must be allowed to use bathrooms that match their gender. https://www.cbsnews.com/news/federal-court-rules-that-transgender-students-must-be-allowed-to-use-bathrooms-that-match-their-gender/
FOLLOW-UP related articles:
Salt Lake County council tables discussion on single-sex restrooms and locker rooms
Salt Lake County decided not to create a gender bathroom policy citing a lack of state law to support a policy. They move to create more Gender Neutral Bathrooms in County facilities.
https://www.deseret.com/utah/2023/12/5/23987718/salt-lake-county-ordinance-single-sex-bathrooms?
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More gender-neutral bathrooms planned for University of Utah
The University of Utah is adding more gender-neutral bathrooms, and authorities said this change is happening in newer buildings and as part of building renovation projects on campus.
https://kutv.com/news/local/more-gender-neutral-bathrooms-planned-for-university-of-utah
State School Board shelves gender identity guidance, leaving schools to fend for themselves
The chairman of the Utah State Board of Education announced Thursday that the board will not move forward with gender identity guidance for the state’s public schools.
The board has spent the past several months developing the proposed guidance, which educators have been requesting in recent years as questions regarding restrooms, locker rooms and overnight trips have arisen locally and nationally.
On Thursday, Huntsman announced that “after many hours of discussion and development, the gender identity guidance documents will not be moving forward. The Standards and Assessment Committee’s intentions have been to bring a betterment forward with the gender identity guidance document and as the board leadership, and also with input from other board members, we believe that empowering local leaders is the best solution for all of our students and families.”
https://www.deseret.com/utah/2022/4/7/23015797/utah-board-of-education-wont-give-gender-identity-guidance-restrooms-locker-rooms-overnight-trips