Legal issues
The meaning of the word sex in the Title IX should include gender individuality and allow transgender students to use restrooms that affiliate with their identity and not their biological sex. Earlier, Title IX was implemented to fight against discrimination women face in the job market and workspaces. It was evident, Title IX recognized the biological and physiological differences between males and females. Every person within the borders of the United States is provided freedom to express their identity. Furthermore, one’s right of personal identity precludes any state that forbids same sex marriage. Title IX’s regulations allow schools to allocate facilities based on sex. However, the clear meaning of Title IX has not been sufficiently probed, especially pertaining to gender identity, transgenderism and transsexuality.
Definitions of the term ‘sex’ was clear in the drafting era of the Title IX. Owing to the recent withdrawal of the Department of Justice and the Department of Education’s guides on the issue the Fourth Circuit has to conjure new grounds for the interpretation of the term. The Department of Education regulating implementations of Title IX permits facilities of students of one sex to be analogous to students of the other sex. It is however inconclusive on its stand on transgender students. The regulation gives no clear methodology of determining one’s biological sex. The regulation gives room to both physical reference of genitalia and a person’s gender identity. Title IX of the Education Amendments Act of 1972 bars discriminatory acts on basis of sex but not issues concerning gender.
A transgender male will find it difficult to use boy’s restrooms as it would violate other students‘ privacy. The student may be born with female genitalia but has the physical manifestations of a boy. However, they cannot use the girl’s lavatories because they are perceived as boys. Such a pupil may go to the lengths of not visiting school’s bathrooms at all cost leading to urinary tract disorders. In one incident, the Gloucester County Public Schools was aware of the need of some students who questioned their gender identities. Gloucester County School Board was convinced to deter a male transgender from using the boy’s restroom despite federal agencies guiding that transgender individuals be given access to restrooms that coincide with their gender identities.
Regulations of the Title IX were promulgated by the Department of Health, Education and Welfare. The department resolves the dispute by allowing a transgender’s sex to be determined when using sex segregated restrooms following the student’s gender preference. According to the department regulations, accessing a restroom in an educational institution serves the purpose of an educational program under the Title IX. Department of Education vouched that a student must be allowed to use the facilities of the opposite sex if he or she asserts to be of the opposite sex. The agency’s (Department of Education) proposed interpretation of Title IX violates personal identity rights of student’s faculty and staff who define their identity in religion and not their sexuality. It also infringes on the rights of parents to control the upbringing of their children.
The Fourth Circuit and the Christian Educators Association International hold different views on the rights accorded to transgender individuals but jointly agree that they should never be coerced to share bathrooms strictly coinciding with their biological sex. Identity not only includes those who define their identity in their sexual preferences but also those through their religious beliefs. The CEAI is purposefully playing a part in the protection of constitutional rights of students and all school faculty. The fourth amendment seeks to ensure Christians are protected in their quest to preach their fulfilling principles. The department’s statutory interpretation against religious persons will infringe the first amendment rights