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Transgender Restroom Rule Blocked - There Are Two Simple Alternatives

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Judges Can Require Only "Reasonable Accommodation" or Schools Can Have Multi-User All-Gender Restrooms

WASHINGTON - eTradeWire -- Federal judge Charles Atchley Jr., a Trump appointee, has blocked a Biden administrative directive which would have permitted boys "who identify as girls" to use restrooms reserved for girls, but there are at least two simple alternatives which should satisfy the needs of both sides in this long-simmering debate, says public interest law professor John Banzhaf.

Many of their parents, as well as the female students themselves, argue forcefully that permitting anatomical males to use their restrooms is a serious invasion of their privacy - a separation of the sexes for purposes of elimination which has been established for more than 100 years - and makes it easier for boys to sexually molest them, says Banzhaf.

In stark contrast, LGBTU+ advocates argue that, because it is wrong to force boys who identify as girls to use a restroom which contradicts their sexual identity, they should be permitted to use any female restroom they desire.

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But Banzhaf, who has won over 100 sex discrimination legal actions, suggests that there are at least two ways to accommodate the needs of both without being forced to reject the needs of either side.

The first solution is to require that - as with persons with disabilities and those with strongly held religious beliefs, only a "reasonable accommodation" must be made to protect their rights.

The second solution - already in use and universally accepted at his law school - is to convert multi-user restrooms (e.g., GWU's has three urinals and an enclosed toilet stall) previously reserved for male students into a multi-user all-gender restroom open to all students regardless of anatomy or gender identity.

Indeed, this concept seemed to work so well that Fox News reported on it in a piece entitled "Could Male, Female Restrooms Be a Thing of the Past? GWU Tries Out 'All-gender' Restroom."

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Source: Public Interest Law Professor John Banzhaf
Filed Under: Education

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