Maine Commission Proposes to Ban Gender Specific Bathrooms, Sports Teams in Schools

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
im really at a loss of words about this.



The Maine Human Rights Commissions taking heat over a proposal to ban schools from enforcing gender divisions in sports teams, school organizations, bathrooms and locker rooms, saying forcing a student into a particular room or group because of their biological gender amounts to discrimination.


The little girls' room won't be just for little girls anymore, if the Maine Human Rights Commission has its way.

The commission is taking heat over a controversial proposal to ban schools from enforcing gender divisions in sports teams, school organizations, bathrooms and locker rooms. It says forcing a student into a particular room or group because of his or her biological gender amounts to discrimination.

The issue came to light last year when the commission ruled that, under the Maine Human Rights Act, a school had discriminated against a 12-year-old transgender boy by denying him access to the girls' bathroom.

Now the commission aims to issue guidelines on how schools should deal with similar situations in the future. It would make Maine the first state to implement such guidelines for schools as young as preschool and nursery -- and even some private schools.

But not everyone in the state is on board with the current proposal.

Some school districts and organizations have criticized the commission for making its initial ruling without getting enough input from conservative groups, and then for coming up with proposed guidelines in what some described as closed-door sessions.

"The conservative side was never brought in on the discussion in the first place, if you look at who gave testimony, written testimony, etc., in the beginning,” Rev. Bob Celeste of Harrison told FoxNews.com. “When you only bring one side in, you’re not looking for an honest debate. You’re looking for an agenda.”

Once it came time to vote on the guidelines, the commission again came under fire for not doing enough to inform Mainers of the vote, and for not allowing the public to speak at the hearing where it was held.

“We found out about this hearing by accident. We were never informed of it,” said Celeste, who was the first person to speak out at the March hearing.

“When I went to the hearing I expected to ask, ‘Why are they doing this?’ And they said that they weren’t going to have public hearings,” he said. “I said ‘Mr. Chairman, it’s getting late, when are we going to be able to ask questions?’ and he said, ‘You can’t.’”

Celeste says he then walked out of the meeting, but other outraged citizens got very vocal after his departure and apparently persuaded the commission to postpone the vote.

Now those critics are looking to get their voices heard again at a public hearing on the issue next month.

"When we separate biology it gets very confusing for everyone," Mike Heath, president of the American Family Association of New England, told FoxNews.com. "Now we're talking about bathrooms where ladies will entertain the possibility of men being in the restroom with them, and every woman I've talked to has indicated that they wouldn't be comfortable with that."

With the law affecting schools ranging from nursery level to post-doctorate studies, Heath says he's concerned with the ramifications of opening up "this can of worms," especially when it comes to younger students.

“I get a little more upset with the topic when it touches on young children and what they’re going to have to think about and process,” he said.

Critics seem especially concerned about the mixing of genders in bathrooms and locker rooms. The commission's proposal reads: "Transgender students must be allowed access to the bathrooms that correspond to their gender identity or expression or, if they prefer, to existing single-stall bathrooms."

"There's not a whole lot of places a girl can expect privacy, but the bathroom should be one of them," said Celeste. "And there's not a whole lot of places a boy expects privacy, but the bathroom should be one of them. Married couples close the door when they go to the bathroom.”

Ken Trump, President of National School Safety and Security Services, says the guidelines set out in the commission's draft brochure pose some serious safety issues as well.

"If my kid walks into a girls' bathroom and sees a man in there, the child is going to instinctively feel that something’s wrong. If you create an entirely new climate where anything goes, you’re going to create increased confusion, and those with ill intentions could take advantage of that confusion and decreased ability to make a distinction," Trump told FoxNews.com.

"The reality is, every day we’re seeing more and more cases of exploitation of children and others, and this would be creating an environment where the risk is increased for that exploitation."

Because the commission suggests that people won't be obligated to supply medical documentation that proves they are transgender, Trump says the policy also paves the way for increased sexual activity on school grounds – both consensual and non-consensual.

"Educators at the middle school level struggle every day in trying to keep student hormonal issues under control so that the focus can be on education," he said. "We certainly don’t need to create an environment to accelerate and exacerbate the issue and further the experimentation, the inappropriate comments, inappropriate touching, groping, grabbing, sexual assaults and in some cases, rapes in schools."

Karen Kemble, the Director of Equal Opportunity for the University of Maine, says the university has not taken a position for or against the proposed guidelines, but she shared concerns over some of them, including schools' inability to ask for "proof" of sexual orientation.

"This would leave the institution without any way to determine the bona fide nature of the gender identity or expression," Kemble said in a letter to the commission.

"It is routine practice to seek documentation of non-obvious disabilities in the event of an accommodation request. Even in the case of religious accommodations, an employer may sometimes seek additional information regarding either the religious nature of the request or the sincerity of a particular belief," she added.

As an NCAA institution, Kemble says the University of Maine system could also face many hurdles when it comes to incorporating the guidelines into its athletic program.

"Some of the issues that we face are that the NCAA has rules that if we, for example, allowed a transgender student to participate in gender-segregated sport, then that may raise concerns about fairness and also may spark action by the NCAA, she said.

"We certainly want to have a welcoming environment and are doing everything we can to support the right to gender identity and gender expression," she added.

John Gause, counsel for the Maine Human Rights Commission, told FoxNews.com that the commission is still in the process of developing guidelines on how the Maine Human Rights Act "applies in the context of sexual orientation in schools and colleges."

"A date and location for the public comment session will be finalized in the near future," he wrote in an e-mail.

The commission said more information on the public hearing will be posted on its Web site once those details are finalized.

Neither Gause nor the commission's executive director, Pat Ryan, returned follow-up e-mails and phone calls seeking a response to concerns raised over the guidelines.

--------------------
Title corrected for accuracy

Common Courtesy
Anandtech Moderator

[/b]
 
Last edited by a moderator:

TruePaige

Diamond Member
Oct 22, 2006
9,874
2
0
I like it. Those have been longstanding divisions among our society that should be broken down.

Seriously, why do we need seperate bathrooms? Locker rooms? Clubs?

It's all just an uptight, discriminatory trace back to Puritan roots.

I'd vote for this.
 

ch33zw1z

Lifer
Nov 4, 2004
39,708
20,262
146
It's like they don't understand boys at all. It won't be long until they realize the boys are perverts and change it back...lol
 

IronWing

No Lifer
Jul 20, 2001
72,496
33,134
136
I read Maine's Human Rights Act and the Commission may have a point under the law they are required to implement. There is no exception to the the equal access in public accommodation sections of the law for separate sex restroom facilities. I think the proposal is a bad idea but the cure isn't to attack the Commission, the cure is for the legislature to fix the law.

Also, I've worked for multiple employers, including my current employer, that had non-denominational restrooms with no issues.
 

kage69

Lifer
Jul 17, 2003
31,044
46,716
136
I read Maine's Human Rights Act and the Commission may have a point under the law they are required to implement. There is no exception to the the equal access in public accommodation sections of the law for separate sex restroom facilities. I think the proposal is a bad idea but the cure isn't to attack the Commission, the cure is for the legislature to fix the law.

Also, I've worked for multiple employers, including my current employer, that had non-denominational restrooms with no issues.

Excellent post. As a Maine resident I'm not sure how I feel about this yet, but I feel your observations are correct.
 

nonlnear

Platinum Member
Jan 31, 2008
2,497
0
76
I read Maine's Human Rights Act and the Commission may have a point under the law they are required to implement. There is no exception to the the equal access in public accommodation sections of the law for separate sex restroom facilities. I think the proposal is a bad idea but the cure isn't to attack the Commission, the cure is for the legislature to fix the law.

Also, I've worked for multiple employers, including my current employer, that had non-denominational restrooms with no issues.

If that is in fact the case, then the obvious problem is that bathrooms are seen as an access issue, rather than a privacy issue. "Access" makes sense when considering public spaces and common resources. However the real purpose of creating a bathroom space is to create a certain kind of privacy. Sure the space is publicly owned, but that doesn't mean that the concepts used to govern "public spaces" should be used to determine rules for publicly owned "privacy-oriented" spaces.

Make a third bathroom and call it a day.
 

Kirby

Lifer
Apr 10, 2006
12,028
2
0
They should just separate the bathrooms by how you piss: standing up or sitting down. :D
 

Moonbeam

Elite Member
Nov 24, 1999
74,622
6,719
126
Urinals aren't fair either. Men should have to sit down to pee like the rest of the human race with no standing and pissing in the toilet either. You stupid assholes can't even remember to put down the seat, the few of you who will actually lift it to piss in the first place.
 

Kirby

Lifer
Apr 10, 2006
12,028
2
0
When I was in high school a girl decided to play football. She changed in the girls locker room in the gym, not the fieldhouse. The coaches told everyone else to treat/hit her the same as anyone else.

I think she lasted a week. :D
 
Dec 26, 2007
11,782
2
76
Urinals aren't fair either. Men should have to sit down to pee like the rest of the human race with no standing and pissing in the toilet either. You stupid assholes can't even remember to put down the seat, the few of you who will actually lift it to piss in the first place.

Well that's confirmation that Moonie is a woman!
 

Elfear

Diamond Member
May 30, 2004
7,163
819
126
What a stupid idea. I would be very uncomfortable thinking my little girls could potentially be using the same restroom as male adults. I have no problem with a unisex bathroom if only one person can use it at a time. But mixing everyone together in a what most consider to be private circumstances is wrong.
 

Kadarin

Lifer
Nov 23, 2001
44,296
16
81
I'm a bit concerned as to why there is a 12 year old transgender. In my opinion, no one should be allowed to make the decision to go down that route until they're a legal adult.
 

PJABBER

Diamond Member
Feb 8, 2001
4,822
0
0
Urinals aren't fair either. Men should have to sit down to pee like the rest of the human race with no standing and pissing in the toilet either. You stupid assholes can't even remember to put down the seat, the few of you who will actually lift it to piss in the first place.

Spoken like a true woman. You go girl!
 

Fern

Elite Member
Sep 30, 2003
26,907
174
106
One of the dumbest things I've heard of.

Of note also is the poor process they used for this. No public notice, no public comments, no questions etc allowed? Jeebus, so many liberals seem allergic to transparancy.

Fern