The U. S. Department of Education has warned public schools that under its reading of Title IX, the 1972 law that bans sex discrimination in education, it is illegal to deny transgender students access to the restrooms and locker rooms of their choice. Many schools around the country have yielded to the guidance, but a backlash is now brewing. South Dakota is leading the pushback with a bill that would require transgender children and teenagers to use the school facilities that correspond to their chromosomes and anatomy at birth. Lawmakers in 22 other states have introduced similar legislation, so the battle is engaged, but it will be a long fight.
The LGBT community is committed to the acknowledgement of sexual identity as a matter of choice, not biology, and nothing less than full acceptance of their autonomy in this regard will be acceptable to them. This issue relates to but extends beyond the issue of religious freedom legislation and is more about the meaning of human nature that I have discussed in previous issues. Who are we? Are we free to determine our own identity in what has been termed “postmodern jurisprudence”–the right to define one’s own concept of existence, meaning, and the mystery of human life? This is dangerous territory and the answers should be determined by democratic processes under natural law, not by the judiciary.