Fayette school board votes to follow state law on trans bathroom rules. Could it be sued?
Despite protests from the LGBTQ community, the Fayette County school board voted Monday to follow a new controversial state law that prevents transgender students from using the bathroom that corresponds with their gender identity.
SB 150 was a Republican bill approved by the 2023 General Assembly that supporters said protected school children and opponents said was anti-LGBTQ.
Under SB 150, boards of education must adopt policies to “not allow students to use restrooms, locker rooms, or shower rooms that are reserved for students of a different biological sex” after allowing public comment on the issue at an open meeting.
School districts are required to provide “the best available accommodation” to students who assert that their gender is different from their biological sex and whose parent or guardian provides written consent.
Under the new law, the “accommodation shall not include the use of school 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.”
Rebecca Blankenship, the state’s first openly trans elected official, told the school board that because state law Senate Bill 150 is in conflict with a federal ruling, “consider that no matter what option you take tonight you will end up likely being sued.”
“I share your ... pain in having to address this extremely difficult issue that the legislature has foisted upon you,” said Blankenship.
In Dodds v. United States Department of Education, the Sixth Circuit Court of Appeals found in favor of letting a transgender student use the bathroom corresponding with her gender identity.
The ruling meant that “separate is not equal,” Blankenship said, and that “trans kids can not be segregated in bathrooms.”
They cannot be excluded from bathrooms that are gender appropriate. They cannot be required to only use gender neutral bathrooms under the ruling, Blankenship said.
The school board could be sued in state court in violation of SB 150 if they had voted against it or in federal court if they did not follow that ruling, Blankenship said.
“Legislators should never engage in policymaking that hurts students and teachers, and we hope that this presents an opportunity for the district to focus on investments in gender-neutral changing, locker, and restroom facilities that benefit all students, not just trans youth,” Blankenship told the Herald-Leader.
In response, district spokeswoman Lisa Deffendall said Fayette County Public Schools is committed to following the law and fostering a supportive and safe environment.
Members of the LGBTQ community at a rally Monday had asked the school board to vote against the provision in SB 150 that prevents transgender students from using the bathroom that corresponds with their gender identity.
On Tuesday, advocate Mason Chernosky said, “We heard from the board on Monday that they care about trans kids and that they are interested in protecting their right to use bathrooms safely.”
“We hope going forward that they will make a formal commitment to using funds to build safe, private, gender-neutral bathrooms that will be safe for all students, including trans students to use,” Chernosky said.
On Wednesday, a federal judge temporarily blocked the portion of SB 150 that would ban gender-affirming care, including puberty blockers, for Kentucky transgender youth.
SB 150 also bans gender identity and sexual orientation instruction, but the Fayette school board is following recently announced guidance from the Kentucky Department of Education that suggests the provisions do not have to apply to middle and high school students.
