Kentucky bill would let students sue school if they see transgender kids in ‘wrong’ bathroom

A Kentucky Republican has introduced a bill that would ban transgender students from using bathrooms that don’t correspond to their anatomical sex.

State Sen. C.B. Embry Jr. introduced the “Kentucky Student Privacy Act,” which would allow students to sue the school for $2,500 if they encounter a person of the opposite biological sex in a bathroom or locker room, and if staff have allowed for it to happen or failed to prohibit it, The Courier-Journal reported.

“Biological sex,” Senate Bill 76 explains, “means the physical condition of being male or female, which is determined by a person’s chromosomes, and is identified at birth by a person’s anatomy.”

“Parents have a reasonable expectation that schools will not allow minor children to be viewed in various states of undress by members of the opposite biological sex,” the bill states.

“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,” it continues.

“Acceptable accommodations may include but not be limited to access to single-stall restrooms, access to unisex bathrooms, or controlled use of faculty bathrooms, locker rooms, or shower rooms,” the bill explains.

Director of the Family Foundation of Kentucky, Kent Ostrander, said his group encouraged Mr. Embry to file the bill on behalf of privacy rights.

“Schools need to be sensitive to students who are conflicted with their gender. But they cannot throw out the personal right of privacy” for every other student,” he told The Courier-Journal.

Chris Hartman, director of the Kentucky Fairness Campaign, called the bill “ludicrous” and argued that it violates Title IX of the U.S. Education Amendments of 1972.

Mr. Embry said Monday that he wasn’t sure whether the bill had enough support but said it was at least “meant to be the starting point of the discussion,” The Courier-Journal reported.