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Protecting Student Safety: CRE Advises Alabama Board of Education on Bathroom Policy

Alabama’s State Board of Education is considering a bathroom policy to protect the safety and fundamental privacy rights of students in its public schools. And CRE is assisting them with this effort.

A member of Alabama’s State Board of Education recently contacted CRE to help craft a policy to protect student privacy in public school bathrooms and locker rooms. With all the media hype over common sense measures regarding the issue in other States, the Board member wanted to be sure any proposed measure would withstand scrutiny and successfully protect Alabama students when they are at their most vulnerable.

Pointing out the fundamental right to bodily privacy is based on legitimate biological differences between the sexes, the contemplated policy requires students use bathrooms, locker rooms, and showers corresponding with their biological gender. Until recently, this principle was so obvious and unremarkable that a written rule was not required. But sadly, American culture has devolved to the point where an individual’s raw, subjective assertion of “gender identity” − after being caught in an opposite-sex facility − is considered enough to overcome biological facts and bypass reasonable privacy expectations.

CRE advised the Board on constitutional parameters, ensuring their policy would have no loopholes that could be exploited while articulating that its rationale was not out of some hidden animus or hate, but based on biological truths and privacy interests. Should the Board policy face legal challenge, CRE stands ready to defend it.

“It’s encouraging to see government bodies taking reasonable efforts to protect children’s privacy,” said CRE Chief Counsel Nate Kellum. “Students, especially female students, face a very real threat of harm when anyone is allowed to enter whatever bathroom or locker room they choose. We are pleased to help Alabama protect their students.”

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