The Foundation for Moral Law, a Montgomery-based legal foundation dedicated to a strict interpretation of the Constitution as intended by its Framers, filed an amicus brief Tuesday in a transgender case that has garnered nationwide attention.
G.G., a Gloucester, VA high school student who was born female but identifies as male, sued the Gloucester School Board to gain the right to use the boys’ locker rooms and other facilities. A federal judge ruled that the School Board was justified in refusing her request, but the Fourth Circuit remanded, holding that the trial judge had failed to give adequate consideration to a letter of the Department of Education and the Department of Justice directing that transgender students should be assigned to the facilities designated for the sex with which they identify. The School Board appealed to the U.S. Supreme Court.
However, shortly after President Trump took office, his Department of Justice and Department of Education rescinded the previous letter and instead directed that school-related transgender matters should normally be resolved at the state and local levels. The Supreme Court therefore vacated the Fourth Circuit’s order and remanded the case to the Fourth Circuit for further proceedings.
In its brief, the Foundation endorsed the School Board’s argument that neither the U.S. Constitution nor the Civil Rights Act of 1964 requires schools to allow transgender students to use facilities assigned to the opposite biological sex. Additionally, the Foundation argued that schools should not be required to facilitate transgender identity because there is growing evidence that transgenderism has tragic consequences in terms of emotional maladjustment, depression, anxiety, and suicide. Foundation Senior Counsel John Eidsmoe noted that “In an area as fraught with uncertainty as this, the courts should not intrude where the Constitution is silent. Local school boards should be free to make decisions that protect their students and reflect the values of their communities.”
Foundation President Kayla Moore added that forcing teachers and administrators to adopt transgender policies may violate their religious freedom. She said, “People who believe God and nature have assigned distinct gender identities to people cannot simply call men female and women male without violating their religious beliefs. The first freedom guaranteed by the Constitution is religious liberty, but transgender identity is not even mentioned.”
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