Staff report
Bloomington, Ind., – August 26, 2023
Attorney General Todd Rokita announced last week that he supports a school district’s legal fight to ensure students use bathrooms aligned with their biological sex. The Metropolitan School District of Martinsville is seeking affirmation from the U.S. Supreme Court for the right to require students to use facilities consistent with their biological sex.
Amid this debate, advocates for transgender rights stress that transgender-inclusive policies do not equate to safety risks or violations of privacy. They argue that transgender individuals have been using public bathrooms for years without incident and emphasize the importance of treating all individuals equally under the law.
In a statement, Rokita emphasized that he believes neither the U.S. Constitution nor Title IX necessitates coed bathrooms, locker rooms, and showers in schools. He argued that such arrangements pose potential risks to the health, privacy, safety, and security of children. Rokita further expressed concerns about federal courts mandating the use of the same bathrooms by boys and girls based on gender identity.
The Attorney General commended the Metropolitan School District of Martinsville for its decision to appeal a recent Seventh Circuit ruling that mandated coed bathrooms. He urged the Vigo County School Corp. leadership to take a similar stance.
Notably, Rokita pointed out that another U.S. Court of Appeals has upheld the right of schools to maintain separate bathrooms for boys and girls, regardless of gender identity. This divergence in legal interpretations led him to call for a definitive resolution from the U.S. Supreme Court to address the inconsistency and provide clarity for all stakeholders.
Rokita said that his office will continue advocating for the policy of single-sex bathrooms to protect Hoosier families and school officials. The ongoing legal actions surrounding this issue remain at the forefront of his efforts.
