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FACT Joins Friend-of-the-Court Brief Concerning Title IX and Schools

FACT was pleased to join 18 other family policy councils on an amicus (friend-of-the-court) brief in the Kenosha v. Whitaker “transgender” student bathroom case. The family policy councils are asking the U.S. Supreme Court to review the 7th Circuit’s terrible decision to redefine “sex” in Title IX that applies to bathrooms and locker rooms in our schools.

While the 7th U.S. Circuit Court of Appeals decision is not binding on the states in the 6th Circuit, such as Tennessee, it would be used and will be used by opponents of privacy and biologically based sex determinations as persuasive authority.

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Supreme Court Remands VA Bathroom Case

On Monday, the Supreme Court  vacated and remanded the 4th Circuit Court’s decision in Gloucester County School Board v. G.G. The Court had held that states must defer to the view expressed in Obama’s Department of Education (DOE) guidance letter last year that the word “sex” in Title IX includes “gender identity”. The justices sent the case back to the 4th Circuit in light of Trump’s withdrawal of the Obama guidance. The 4th Circuit will now have to decide if it will give the same deference to the new view of the DOE under Trump that sex means biology.

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Obama’s ‘Transgender’ Bathroom Mandate Rescinded

Through a joint letter issued Wednesday by the Department of Education and Department of Justice, President Trump withdrew the Obama administration’s Title IX “guidance letter” that mandated that “transgenders” must be allowed to use the bathroom and locker room of their choice in public schools. “Thanks to the Trump administration, parents and schools will remain free to protect the privacy and well-being of every student,” says FRC’s Tony Perkins. New Lt. Gov. Randy McNally (R-Oak Ridge) and Gov. Haslam said in response that the state didn’t need to do anything now, which means local public schools will continue to be free to allow anatomical boys to use restrooms, locker rooms and showers with anatomical females.

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Unlikely Team Speaks Up for Women

Family Policy Alliance, with whom The Family Action Council of Tennessee is allied, and radical feminist group Women’s Liberation Front (WoLF) have joined together in an amicus brief to oppose Obama’s Title IX transgender bathroom mandate that would open all women’s restrooms, locker rooms, and showers to men who self-identify as women. The unlikely pair agrees that the privacy and safety of women are paramount. Said the chair of WoLF’s board of directors, Kara Dansky, “If we define sex, under Title IX, to mean gender identity, what we’re essentially saying is that ‘women and girl’ can mean anyone who self-identifies as ‘women and girl,’ which makes the category ‘women and girls’ meaningless as a category.” Sign the petition to support the safety and privacy of women and girls.

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FACT President Commends Attorney General for Lawsuit

FRANKLIN, Tenn. (May 25, 2016) – The following statement regarding the decision of Tennessee Attorney General Herbert Slatery to join the lawsuit filed by the state of Texas and eight other states over Title IX can be attributed to FACT President David Fowler:

“Attorney General Slatery is to be applauded for taking affirmative action in response to the attempt by the Obama administration to use Title IX to tell parents that their children have to be exposed to a member of the opposite sex while in a state of undress. His office is doing exactly what it should be doing, fighting to protect the rights of parents to protect their children’s privacy and the right of our state to set its own domestic policies.

“It is particularly encouraging to see ten states joining North Carolina in suing the Obama administration for its outrageous overreach in using a mere ‘letter’ to change the law as it’s been interpreted for decades. This is the kind of unified pushback against the federal government that has been needed for years.

“With the Attorney General’s action today, the need for a special session to encourage the type of action that has been taken has been abated. Hopefully, the lawsuit will allow our state’s schools to operate in accordance with Title IX as it has always been interpreted without fear that they will be left to fend for themselves if actions against them are threatened.”

The Family Action Council of Tennessee (FACT), which Fowler heads, was formed in 2006 by a group of citizens concerned about the growing negative impact of public policies on marriage, families, life, and religious liberty. FACT’s mission is to equip Tennesseans and their elected officials to effectively promote and defend a culture that values God’s design for the family, for the sake of the common good. For more information, visit FACTn.org.

Media Contact: Laura Bagby, Director of Communications  |  Office Phone: 615-261-1338  |  Email: laura.bagby@factn.org