Florida School District Passes Transgender Bathroom Ban

OCALA, FL — Citing reverse discrimination, the Marion County School Board overturned its own bathroom policy Tuesday night. That reversal effectively blocks transgender students from using the bathroom of their choosing, forcing them instead to use facilities that correspond to their sex at birth.

The school district reportedly began allowing transgender students to select their bathrooms about two months ago. A complaint from a father, however, prompted board members to re-examine the decision. The man’s son, several media outlets have reported, contended his child’s privacy rights were being violated because he feels uncomfortable sharing a restroom with a fellow student who was born a female but identifies now as a male.

The board’s 4-1 vote on Tuesday to require transgender students to use restrooms that correspond with their sex at birth has caught the attention of the American Civil Liberties Union. That group’s Florida chapter has vowed to represent students needing legal assistance.

See Also:

• Federal Court Throws Out Transgender Bathroom Rule

Board member Carol Ely was quoted by several media outlets as saying allowing transgender students to choose their restrooms adds up to “reverse discrimination” for other students.

“I do not agree with them (ACLU),” board member Nancy Stacy was quoted by the Ocala Star Banner as saying. “It is another example of an overreaching federal government.”

Marion County’s policy change comes on the heels of a decision issued by the U.S. Court of Appeals Fourth Circuit that upheld a transgender boy’s rights to use the boys’ restroom. The court held that schools that choose to ban students from using bathrooms that correspond to their gender identity is a violation of Title IX, which is a federal law that bans sex discrimination in schools. The court’s ruling has direct impacts on Virginia, North Carolina and South Carolina.

The issue of bathroom choice has entered the national stage courtesy of controversial legislation in such states as North Carolina and court cases, such as the one in Virginia. Big box retailer Target’s recent decision to allow transgender employees and customers to use restroom and changing room facilities of their own choosing has also drawn fire.

Target’s recent transgender policy announcement sparked a boycott of the retail chain by the American Family Association. That group kicked off a boycott pledge campaign that has since received more than 869,000 signatures, according to its website.

While the ACLU has vowed to fight Marion County’s decision, the Liberty Counsel has reportedly offered its services pro bono to the school district. The counsel has been labeled an anti-LGBT group by the Southern Poverty Law Center.

“Liberty Counsel is offering pro bono assistance in 21 states regarding 'bathroom bills' and religious liberty/LGBT issues,” the counsel wrote on its website. “We are heavily engaged in the fight for religious liberty and common sense protections. We are also boldly calling out the hypocrisy and double standards of the Goliath-sized corporations and LGBT bullies who believe that attacking people of faith and our right of conscience is an acceptable practice.”

It is unclear if the school board will take the counsel up on its offer.

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