Arizona Superintendent of Public Instruction Tom Horne (R) released a statement on Thursday “strongly advising” all schools statewide not to enact policies that permit biological males from using biological females’ restrooms, locker rooms, and showers.
According to Horne (pictured above), his statement was prompted by recent questions and concerns from outraged parents about school policies permitting biological males to use biological females’ restroom facilities, saying they may remove their children from schools that allow this in Arizona.
“I have been contacted by a number of parents who are outraged by the idea that biological boys can use restrooms, locker rooms, and shower facilities meant for girls, and they are considering removing their daughters from schools that allow this. In Arizona, they certainly have multiple school options from which to choose,” Horne said.
Some schools have cited federal Title IX as a basis for their guidance in allowing these policies.
Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.
Last year, President Joe Biden proposed to broaden Title IX to protect “transgender” rights. The proposal would eliminate the concept of gender-specific sports and spaces, such as restrooms and locker rooms, and allow students to use whichever facilities they feel like freely.
According to Horne, since lawmakers expect Biden’s proposal to take months or years to finalize, Arizona schools must follow the current Title IX, which contains no language to permit biological males to use biological females’ facilities.
“Under current Title IX, there is no language that compels schools to permit biological boys to use girls’ bathrooms, locker rooms, or shower areas. The Biden administration has proposed changes to Title IX that might allow for this, but this proposal has no force of law until it is ruled on by the courts, which has not occurred,” Horne said.
Due to the concerns by parents and the lack of permission language under Title IX, Horne “strongly advises” Arizona schools not to initiate policies allowing biological males to use biological females’ facilities.
“The Arizona Department of Education strongly advises that schools not initiate a policy that allows biological boys to use restrooms, locker rooms, or shower facilities that are intended for girls. Biological boys who expose themselves to girls could be violating indecent exposure laws and subject to arrest. Schools can provide separate facilities, even small ones that are open to either gender, that meet the needs of transgender students without compromising the dignity of others,” Horne said.
He said he is defending the state law prohibiting biological males from competing on girls’ sports teams, which carries the same legal argument.
“I am defending the state law that prohibits biological boys from participating in girls’ sports and the basic legal argument for that action is similar to the one that addresses the use of bathrooms, locker rooms, and shower areas,” Horne said.
The Save Women’s Sports Act is on hold after a federal judge placed an injunction on it, saying it violates federal nondiscrimination laws. The court will not hear the case until later this year.
According to Horne, the United Supreme Court will ultimately decide on the issue.
The Arizona Sun Times reached out to Horne for additional comment but did not receive a reply before press time.
In June, Governor Katie Hobbs vetoed a Republican-backed bill that aimed to prohibit public school students from using a restroom according to their stated gender identity rather than their biological sex.
The bill would have also required public schools to establish other accommodations for a student who refused to use a multi-occupancy bathroom or changing areas of their biological gender.
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Hannah Poling is a lead reporter at The Ohio Star, The Star News Network, and The Arizona Sun Times. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Photo “Tom Horne” by Gage Skidmore. CC BY-SA 2.0. Background Photo “Women’s Bathroom” by m01229. CC BY 2.0.
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