Haley, Wilson attack federal transgender directive
COLUMBIA — Gov. Nikki Haley and Attorney General Alan Wilson are attacking a directive by federal justice and education officials advising public schools to allow students to use bathrooms and locker rooms that align with their gender identity.
Haley and Wilson, in statements to The Greenville News, said they believe such issues should be decided at the state and local levels. Wilson said he is conferring with other attorney generals to see what action, if any, can be taken to fight the directive, which carries with it the implied threat of loss of federal education funding if schools choose to refuse to follow the guidance.
BACKGROUND:Schools must allow transgender bathrooms, Department of Education says
When Sen. Lee Bright, a Spartanburg County Republican, introduced a measure last month to require those using public bathrooms and locker rooms choose the facility of their gender at birth, Haley said publicly she had no interest in such legislation, which ultimately died in committee.
“As I said when North Carolina passed its law, I don’t think we need that type of law here,” Haley said. “But we also don’t need President Obama imposing a one-size-fits-all policy from Washington. We have always been proud of the fact that we handle issues such as this one in our school districts, and I trust South Carolinians to decide this issue, community by community, at the school district level.”
Wilson argued the administration is acting improperly.
“The president does not have the legal authority to force this federal mandate on South Carolina schools, parents and children,” he said. “This matter should be left to state and local governments, not a one-size-fits-all mandate. The threat of lawsuits as well as the withholding of education funding for all of our children is not the proper approach. All children have a right to a safe and respectful environment where they can focus on their education.”
Wilson said last year, he filed a brief in a case before the U.S. Fourth Circuit Court of Appeals “to reject the federal government’s legal authority in this area.”
“I am currently working with other state attorneys general to determine what actions should be taken,” he added.
EDITORIAL:Bathroom bill is bad idea
In the Fourth Circuit case, a panel ruled 2-1 that a lower court should rehear a Virginian student’s claims that his school’s policy violates federal law. The school board has a policy directing transgender students to use unisex bathrooms.
The U.S. Education Department argued in that case as well as in last week’s issuance, that transgender students should be allowed to use bathrooms that align with their gender identities instead of being forced to use those that correspond with their biological gender. To do otherwise, department officials argue, amounts to a violation of Title IX, which bans sex discrimination at schools receiving federal funding.
In hearings over Bright’s bill, opponents, including former State Education Superintendent Inez Tenenbaum, argued that enacting the bill would violate Title IX and jeopardize federal education funding to the state.
Current State Education Superintendent Molly Spearman did not challenge last week’s federal directive in a statement issued afterward.
“The South Carolina Department of Education and school districts throughout the state are dedicated to ensuring a safe and respectful climate for all students,” she said in a statement. “We continue to monitor and advise schools and districts on discriminatory issues to ensure compliance with Title IX and all other federal requirements.”
Greenville County Schools spokeswoman Beth Brotherton said the district is monitoring the Fourth Circuit proceedings.
“At this moment we do not intend to create a broad policy regarding the matter or change the designations associated with bathrooms or locker rooms,” according to a statement released by the district. “Instead, we will continue to monitor the legal proceedings in the Fourth Circuit, and maintain our current practice of considering and responding to each individual situation when a request is made by a student being considerate of the privacy concerns of all of our students.”
Obama said this week that the new directive is aimed at protecting transgender students from bullying.
“They are vulnerable and I think it’s part of our obligation as a society to make sure everybody is treated fairly, and our kids are all loved and protected, and that their dignity is affirmed,” he told the website BuzzFeed.
Various political leaders around the nation have taken issue with the directive, as have some citizens, arguing that allowing transgender students to use the bathroom of their gender identity opens the door for sexual predators to visit bathrooms.
Texas Lt. Gov. Dan Patrick called the new directive “blackmail,” while other leaders said the federal government needs to stay out of state and local issues.
"This issue is a lot more than transgender individuals getting 'cart blanche access' to public restrooms," said Stan Plowden of Greenville. "If allowed to proceed, the degradation of societal norms on this issue will 'throw the doors open' to allow anyone who 'feigns' transgender identify to have unfettered access to areas where women and small children have always traditionally been assured were 'safe havens.'"