A measure introduced in Kentucky would prevent transgender students from using restrooms and locker rooms consistent with their gender identity — and enable students to litigate in court if they solely encounter a trans student in the before-mentioned spaces.
Rep. David Hale, a Republican, prefiled the bill last week for consideration in the state’s upcoming legislative session, which begins January 7, The Courier-Journal of Louisville reports. It maintains that accommodating trans students with the ability to use the sex-segregated spaces aligning with their gender identity creates “a significant potential for disruption of school activities and unsafe conditions.” It claims that “potential embarrassment, shame and psychological injury” would be endured by cisgender students. It christens the situation an alleged emergency.
Trans students who ask for accommodations with parental consent could be allowed use of a single-stall restroom, a unisex bathroom, or faculty facilities, but be banned from using “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 reads.
School officials would be liable for enforcing the policy. If any student faces a trans student in one of the forbidden facilities, they could sue their school district. “The offending school shall be civilly liable to a student who is aggrieved under this subsection and who prevails in a court of jurisdiction prescribed by paragraph (b) of this subsection. The student shall be entitled to recover from the offending school any costs, expenses, and fees, including attorney’s fees, associated with the claim,” the proposal states.