The rollback of the Obama’ administration’s nationwide decree that public school bathrooms and locker rooms must be available to students based on their gender identity has, predictably, caused an uproar among LGBT and other progressives (“a blind and cruel attack on young children,” said the Human Rights Campaign’s Chad Griffin).
But the over-reaching, over-bearing, probably unlawful order, blocked by a court from taking effect in part because it was issued without going through the standard proposal and public comment process for federal regulation—which would have highlighted its dubious interpretation of Title IX—was always about igniting the base and stoking culture-war polarization, to the hoped-for electoral advantage of the Democrats versus the hateful bigots (i.e., Republicans).
The Cato Institute’s David Boaz writes:
Devolving power from Washington to states and local communities can also help to ease conflicts ranging from gun rights and school locker rooms to environmental protection. While Education Secretary Betsy DeVos may have stated the problem awkwardly, it’s true that the people of Manhattan and Montana have different attitudes and experiences regarding guns. Maybe they should be able to set different rules. In 2016 the Department of Justice and the Department of Education issued “guidance” to the 13,500 school districts across the United States on how they should manage access to locker rooms and bathrooms in 99,000 public schools. Instead of a rule issued by faceless bureaucrats in Washington, why not let the people of the 50 states and thousands of communities talk through that issue and come to their own evolving answers?
DeVos herself released a statement that said, in part:
This is an issue best solved at the state and local level. Schools, communities, and families can find – and in many cases have found – solutions that protect all students. …
I consider protecting all students, including LGBTQ students, not only a key priority for the Department, but for every school in America.
As others have pointed out, while the left likes to focus on bathrooms, where people don’t publicly undress, the real issue is locker rooms, where nudity is part of the terrain. An anatomical male body on a transwomen who hasn’t surgically transitioned (or, more to the point, a transgirl in a public school girls locker room), and transmen/transboys in the opposite situation, is the issue. Offering the accommodations of a gender-neutral individual restroom, or changing in a private space (and, if necessary, a private shower) is not equivalent to the racial bigotry implied by the phrase “separate but equal.” In these circumstances, it’s often the reasonable option.
And sorry, but declaring that we should all—teenagers included—”get over” our unease with anatomically discordant nudity in public facilities (because, bigotry) is not a winning argument. As instapundit Glenn Reynolds likes to say, “If you want more Trump, this is how you get more Trump.”