In May of 2011, Jane and John Doe filed a lawsuit for their child, "Susan Doe," suing the Orono School Department, School Union 87, Regional School Unit 26, and the Superintendent of the Orono School Department. The suit claimed the school and superintendent were in violation of MRS Title 5 (§4602) which prohibits discrimination on the basis of “gender identity” in an educational setting, along with an alleged violation of 5 M.R.S.A. (§4553) prohibiting aiding and abiding in unlawful discrimination.
The lawsuit further explains that, Susan Doe socially transitioned at school in 2007, where the school agreed to call them by she/her pronouns and use a new, socially feminine name. The act of the school obliging to change Susan's name and pronouns was, in essence, the school agreeing that this child was now a female, even though humans cannot change sex. Susan was therefore allowed to use the girls’ restroom as an attempt to assimilate within the opposite sex category. That school year, "Susan" was allegedly followed into the girls’ bathroom by a male student, which sparked local controversy, putting the media in a frenzy.
Due to social pressure, the superintendent terminated Susan's ability to use the girls’ restroom. The district agreed to allow Susan to use either the boys’ restroom or the staff restroom, whichever was preferred. Susan's parents claimed in the lawsuit, that Susan was now ostracized, segregated and without support, causing Susan "extreme emotional distress.” More notably, and arguably more importantly, the lawsuit goes into great detail about a "male student" who was stalking and harassing Susan. This male student followed Susan around the school, calling Susan a "faggot" and intimidating them. This male student chased Susan in public and bullied them in and out of school. According to the lawsuit, this male student would seek Susan out the entirety of the day…simply to harass them. He would even go as far as standing outside of the bathroom stall that Susan was using to watch Susan use the bathroom. It was a gross violation of privacy overall.
The school then adopted an "eyes on" policy, requiring Susan to be escorted throughout the school by a teacher. As one could imagine, this "eyes on" policy largely stigmatized Susan and caused obvious social issues. Susan was in middle school during this time frame. This is how the "safety of trans girls in the bathrooms" talking points were established. This story, and the disgusting bullying that was not addressed, is the same story that is being verbally regurgitated by the TRA's in order to convince the public that “trans girls” need to use the girls’ restrooms for their explicit safety and to avoid harassment.
You may have convinced yourself that bathroom-sharing is the right thing to do…especially back in 2011, where most people did not know anyone who identified as transgender. Being transgender was so rare at that time that this bill didn't affect the vast majority of school-aged children in the United States. And then the social contagion went mainstream. There are millions of children and young people identifying as trans. With the skyrocketing amount of children self-identifying as a different gender, the bathroom debate has once again taken storm. In an attempt to avoid lawsuits and to keep themselves from losing valuable school funding, schools across the nation adopted a “transgender bathroom policy,” allowing students to use not only the restroom, but also the locker rooms, with the sex they choose to identify with. California recently passed a bill requiring schools to have at least one gender-neutral bathroom specifically for non-binary students or students who feel like they are neither boy nor a girl. School districts in Fairfax, Virginia have gone as far as adding policies to their handbooks explaining how using a "deadname" (birth name) or "misgendering" someone will lead to discipline.
Senate Bill No. 760
It seemed like the 2011 lawsuit set the table and the rest of the states were now expected to “Protect Trans Kids." That was until it hit the mainstream and schools started to be challenged by parents, women, and girls who stood up for their right to privacy and modesty. A prime example is what happened in Loudoun County, Virginia. A male student who identifies as "gender fluid" sexually assaulted a 15-year-old girl in a high school bathroom. The perpetrator was then simply moved to another school in the district…where he then assaulted another girl. He was finally convicted of both attacks and is now in a mental health facility. The family is suing for $30 million. Jane Doe spent two weeks hospitalized from the attack and subsequently received death threats and harassment from her peers. Jane Doe, who was the victim in the attack, had to file a restraining order to keep herself safe.
In New Mexico, a 12-year-old was raped in the bathroom at school by a trans-Identified classmate. The girl was too afraid to tell the school for fear of being labeled a bigot. The trans-Identified student then assaulted two more girls who also did not speak up. These policies are creating a culture of fear which is silencing victims. In Oklahoma and California, male trans identifying students have physically assaulted girls in their school bathrooms. The male in the California incident had been reported before. He "had a habit" of flashing girls in the restrooms and locker rooms. In Wisconsin, a trans-identified student purposely showed his genitals to freshman girls. These girls were forced to see a penis at 14…while at school. Most girls have never seen a naked man at that age, the ones that have are likely to be victims of trauma.
Our daughters are being raped and sexually harassed by the same people the district is claiming to protect. In an attempt to mitigate the situation, schools have started opting for creating entirely new bathrooms. In Edwardsville Illinois, the school district is spending 6.8 million tax dollars to expand the schools by 8,000 square feet to install these new restrooms. Each stall will be fully enclosed and equipped with a locking mechanism. According to the Trevor Project, 1 in 5 transgender and non binary young people have supposedly attempted suicide. The corporation also claims that nearly 60 percent of these youth who wanted mental health services were not able to receive them. Symptoms of depression, anxiety and suicidal ideation have all trended upward since 2020, despite the rapid acceptance of trans people, including the ability to get "gender affirming care" covered under Medicare and being able to medically transition in some places without parental consent.
The Australian Journal of Psychology published a systematic review of studies of children aged 2-12 who were diagnosed with gender dysphoria. The study found that the median age of children displaying gender dysphoria who were seeking treatment is age 8. The study also asserts that children have no legal authority to provide informed consent to medical procedures. Most importantly, the study states, "The core symptoms of gender dysphoria in childhood rarely exist in isolation; more commonly the symptoms are exacerbated by psychosocial stressors and psychiatric disorders." It is disingenuous to assume that simply denying a child access to the girls’ facilities will cause the child to commit suicide. And sure, one could argue that "validating" a child's dysphoria might cause some short-term relief for the child…but at what expense? Rampant mental health issues are not being addressed. Wouldn't it be better to address the mental health comorbidities so children are able to face adversity without resorting to suicide?
Schools usually have their hands tied around their backs for what they can and cannot do to help. There are hazardous policies being put in place that favor the perpetrators’ mental health issues over the victims’ distress from bullying. We just recently learned that a 12-year-old girl was brutally bludgeoned by a mentally disturbed trans-identifying classmate. The traumatized students recalled watching blood explode from the child's head and sat in horror as the beating took place. The perpetrator had a known “hit list” of students they wanted to murder. Concerned parents reported to the school staff that an incident was likely and that their children needed help. Unfortunately, their concerns were neglected. The student was expelled after multiple violent attacks on classmates…including threatening other children with a knife. Parents were outraged about the lack of action taken to keep this mentally disturbed child away from their kids.
Allowing Susan Doe into the girls’ restroom did not address the true issue – bullying. The bully should have been suspended from school and charges should have been filed. The solution for Susan Doe was not using a separate restroom…it was to address the harassment and bullying. If the bully had been penalized, Susan Doe would not have needed to seek shelter in a private female area – nor would they have needed a teacher to escort them around the school, further ostracizing them. The true tragedy of this entire issue is the root cause of the "danger" is not being addressed. Children are bullied everyday, sometimes to the point of suicide. The same issues of bullying, lack of protection for victims, lack of prevention, lack of support, and allowing a dangerous environment has still not been rectified, despite new “LGBTQIA+ laws” being put in place year after year. The problem persists and will continue to persist regardless of what bathrooms are used. That’s because…it was never really about bathrooms.
Policies that prioritize the safety of all students must be put into place.
References
6ABC. Digital Staff, Thomas, T., & Smith, B. (2024). Montgomery County parents outraged after middle school student attacked with Stanley cup. 6ABC. https://6abc.com/pennbrook-middle-school-fight-student-sent-to-hospital-following-incident-in-montgomery-county-cafeteria/14685285/
Barmeier, E. (2024). Gender-neutral bathrooms move forward at Edwardsville High School as board voted approval Monday night. Spectrum News. Retrieved from https://spectrumlocalnews.com/mo/st-louis/news/2024/03/26/gender-neutral-bathrooms-move-forward-at-edwardsville-high-school
Bill Text - SB-760 School facilities: all-gender restrooms. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB760&search_keywords=gender
Board approves gender-neutral bathrooms for Edwardsville HS. (2024). https://fox2now.com/news/illinois/bathroom-remodeling-controversy-at-edwardsville-high-school/amp/
Calvi, J., & FOX6 News Digital Team. (2023). Wisconsin transgender student shower controversy in Sun Prairie. FOX6 News Milwaukee. https://www.fox6now.com/news/wisconsin-transgender-student-shower-controversy-sun-prairie.amp
De Visé, D. (2023). New studies find millions of young nonbinary and transgender Americans. The Hill. https://thehill.com/changing-america/3811406-new-studies-find-millions-of-young-nonbinary-and-transgender-americans/amp/
Downey, C. (2022). ‘They Failed at Every Juncture’: Loudoun County Mishandled Bathroom Sex Assault, Grand Jury Finds. National Review. https://www.nationalreview.com/news/they-failed-at-every-juncture-loudoun-county-mishandled-bathroom-sex-assault-grand-jury-finds/amp/
Download Bill PDF. https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202320240SB760&version=20230SB76094CHP
Download Bill PDF. https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202320240SB760&version=20230SB76094CHP
Equality Virginia. (2021). Brief of amici curiae. Equality Virginia.
Frew, T., Watsford, C., & Walker, I. (2021). Gender dysphoria and psychiatric comorbidities in childhood: a systematic review. Australian Journal of Psychology, 73(3), 255–271. https://doi.org/10.1080/00049530.2021.1900747
Gender-neutral bathroom bill introduced for California schools. (2023). https://sd29.senate.ca.gov/news/news/gender-neutral-bathroom-bill-introduced-california-schools
Hess, C. (2023). Trans student shower allegation in Sun Prairie highlights schools’ challenges in protecting all students: District has claimed an account of the incident is inaccurate, but it demonstrates potential conflicts around school policies. Wisconsin Public Radio. https://www.wpr.org/education/sun-prairie-transgender-locker-room-challenge-schools-parents
Keane, I. (2024). Student reveals horror of watching girl, 13, brutally bash classmate in head with Stanley cup during unprovoked attack: ‘Blood everywhere’. New York Post. https://nypost.com/2024/04/21/us-news/pa-middle-schooler-accused-of-attacking-classmate-with-stanley-cup/
Minock, N. Loudoun parents say daughter sexually assaulted by teacher, Title IX office made mistakes. (2023). WJLA.
NBC Washington. (2023). Loudoun school sex assault investigation unsealed by judge. NBC Washington. https://www.nbcwashington.com/news/local/loudoun-school-sex-assault-investigation-unsealed-by-judge/3423751/?amp=1
New York City Department of Education. (2024). Guidelines to support transgender and gender expansive students. https://www.schools.nyc.gov/school-life/school-environment/guidelines-on-gender/guidelines-to-support-transgender-and-gender-expansive-students
Rose, A. Oklahoma GOP governor signs anti-transgender bathroom bill into law. (2022). CNN. https://amp.cnn.com/cnn/2022/05/25/politics/oklahoma-anti-transgender-bathroom-law-signed-stitt
Schemmel, A. (2023). Trans student exposed girls to male genitalia in school locker room, legal group claims. Crisis in the Classroom. ABC 33/40. https://abc3340.com/amp/news/nation-world/after-trans-woman-exposed-genitalia-to-freshman-girls-in-locker-room-shower-school-district-faces-legal-scrutiny
The Trevor Project. (2024). Facts about LGBTQ youth suicide. The Trevor Project. https://www.thetrevorproject.org/resources/article/facts-about-lgbtq-youth-suicide/
Title 5, §4602: Unlawful educational discrimination. https://www.mainelegislature.org/legis/statutes/5/title5sec4602.html
Virginia family sues school system for $30 million over student’s sexual assault in bathroom. (2023). AP News. https://apnews.com/article/loudoun-virginia-lawsuit-transgender-bathroom-sexual-assault-a26168568cc20c2aa6cec9bef50e7c3f
Washington Blade. (2022). Mother says teen boy charged with assault in girl’s bathroom at Va. school is straight. Washington Blade. https://www.washingtonblade.com/2022/01/19/mother-says-teen-boy-charged-with-assault-in-girls-bathroom-at-va-school-is-straight/
Woods, B. (2024). Edwardsville High School plans $6.8M commons expansion: EHS to undergo an 8,000-square-foot, $6.8 million expansion. The Intelligencer. https://www.theintelligencer.com/news/article/new-look-edwardsville-high-major-upgrade-18667401.php