Walker Says School Districts Should Set Own Polices For Transgender Bathroom Access

Gov. Scott Walker pushed back Friday against a letter the Obama administration sent to school districts that directs schools to allow transgender students to use the bathroom that corresponds to their gender identity.

The letter, sent jointly by the Departments of Education and Justice Friday morning, states that Title IX protects students from discrimination based on their gender identity. The law is more commonly known for prohibiting discrimination in education based on biological sex and being instrumental in equalizing funding for women’s high school and college athletics programs.

The letter is not legally binding, but does set precedent for school district policies. Speaking to reporters in Manitowoc, Walker said that the decree is an overreach.

“The bottom line is issues like that need to be addressed at the local level,” he said. “That’s what we elect school boards for. It’s not an issue the federal government should be involved in, nor should the state. It should really be left up to the local districts.”

A spokesperson for Madison Metropolitan School District said the system’s policies are already in line with the new federal guidance and administrators are happy it will now be the policy for other districts as well.

But a statement provided by an attorney for the Kenosha School District implies there may not be a hurry to shift school district polices in Wisconsin or elsewhere. Ronald S. Stadler of Mallery & Zimmerman S.C. pointed out that the letter is simply the administration’s interpretation of the law. Some courts have ruled in ways consistent with the administration’s view and others have not. The 7th Circuit Court of Appeals, which covers Wisconsin, has yet to rule on any related cases.

“Ultimately the U.S. Supreme Court will be asked to give the final word on what federal law requires in regard to transgendered students use of restrooms,” he wrote.

A bill to require students to use the bathroom that corresponds with their gender at birth died in Wisconsin’s Legislature earlier this year. State Rep. Jesse Kremer, R-Kewaskum, has said he plans to reintroduce it.