While common sense and decency should foster a cultural consensus on the propriety of sex-segregated facilities like bathrooms and locker rooms, proponents of transgender ideology insist that everyone should have a right to utilize facilities that correspond with their so-called gender identity.
Kentucky state Rep. David Hale has prefiled legislation that pushes back against the transgender movement.
The Kentucky Student Privacy Act would prohibit schools from allowing members of the opposite biological sex into sex-segregated facilities.
“Every school restroom, locker room, and shower room designated for student use accessible by multiple students at the same time shall be designated for and used by male students only or female students only,” the prefiled legislation reads.
Provided parental consent, accommodations may be made for students whose adopted identity collides their biological sex, but those accommodations must not create a situation where that student might encounter members of the other sex while utilizing a facility:
A student who asserts to school officials that his or her gender is different from his or her biological sex and whose parent or legal guardian provides written consent to school officials shall be provided with the best available accommodation, but that accommodation shall not include the use of student restrooms, locker rooms, or shower rooms designated for use by students of the opposite biological sex while students of the opposite biological sex are present or could be present.
The legislation says that any student who discovers a member of the opposite sex in a segregated facility can take the matter to court:
While accessing a restroom, locker room, or shower room designated for use by his or her biological sex, a student encountering a person of the opposite biological sex shall have a private cause of action against the school if school personnel:
1. Gave the person encountered permission to use facilities of the opposite biological sex; or
2. Failed to take reasonable steps to prohibit the person encountered from using facilities designated for use by the opposite biological sex.
While passing this type of legislation may seem like a no-brainer, the legislation prefiled by Rep. Hale on December 5th appears to be identical to legislation that never made it out of Kentucky’s House of Representatives back in 2016 when it did not even advance to the point of a House vote.
According to WDRB there was “a similar bill in 2015 that passed the Senate on a bipartisan 27-9 vote but stalled in the House” and “Hale sponsored a similar bill in 2018 that had 25 Republican cosponsors but did not get past the House Education Committee.”