Role of Schools in Transgender Bathroom Laws

The practice of family law often intersects with the LGBTQ community, from adoptions to domestic partnership dissolutions to adult name changes for transgendered individuals. Our practice also regularly intersects with school law, including advocating for our clients’ children with regard to special education or with their right to dress a certain way or identify with a gender other than that of their biological sex. For those who have worked with a transgender client or child during transition, you are already aware of the obstacles he or she may encounter.

I, myself, cannot believe there is a need to discuss the use of public bathrooms. In my small family law firm we have one bathroom with three stalls—I call it the “Ally McBeal” bathroom, for those from that generation. At any time of day there are multiple people of different gender identities using it. The idea that a government would pass laws about who could use what bathroom is absolutely absurd to me. Are people really going to look at someone washing their hands next to them and say. “Hey, although you look like a male, I think you’re a female and shouldn’t be in this bathroom?” I mean, are people really checking?