Analysis of Proposed Changes to the Transgender POlicy

Misleading Supreme Court References

Mrs. Bowen, on page 3, cites Troxel v. Granville, 530 U.S.57, 66 (2000) in support of the claim that “The Supreme Court has found that parents have a fundamental right to control the upbringing and education of their children.” The case was about visitation rights for the mother of a deceased father to visit her grand-children.

https://supreme.justia.com/cases/federal/us/530/57/

Mrs. Bowen, on page 15, cites Pierce v. Society of Sisters, 268 U.S. 510 (1925) in support of the claim that “Parents have the right to teach their children that there is a difference between the sexes.” The case was regarding a requirement in Oregon for all children between eight and sixteen to attend “public school”. The case was brought by a private school and merely insisted on the right of parents to be permitted to have their children attend private or parochial schools. 

https://supreme.justia.com/cases/federal/us/268/510/ 

Mrs. Bowen, on page 20, cites State v. Lawson as evidence that transgender female students should be allowed in female restrooms. The case in question is about incidents involving a cisgender male entering a female restroom. It is clear, Mrs. Bowen believes transgender females are not female. 

https://www.casemine.com/judgement/us/5914fa75add7b049349a8381

Mrs. Bowen, on page 20, cites  McLain v. Board of Education of Georgetown Community Unit School District in support of her claim that "Students have the right to protect their modesty and choose not to be seen by, or see, the opposite sex when they are undressing." The case involved the question of whether or not the district was obligated to hire another teacher to supervise female students in the locker room as opposed to a non-certified aide to handle emergencies.

https://casetext.com/case/mclain-v-bd-of-educ-of-georgetown

Proposed Changes & Sources

Under the heading, Core Concepts, the first two bullets are pulled directly from Arlington Parent Coalition. The APC website makes the following claims on a webpage titled "If your child says s/he's Transgender":

"The child may say these things because s/he has been provided this very common script by trans activists or other trans victims at school or online." and "Do not validate your child's faulty reasoning." 

The second half of the second bullet is pulled from the Parent Resource Guide published by Family First New Zealand. Thiis resource guide states "In this guide, we use the fourth definition of gender (as the name of an ideology that claims bodily sex is irrelevant to human identity), as this definition alone is the operating principle in school policies that refer to “gender” or “gender identity.” 

The proposed changes include numerous additional definitions, many of which appear only in the recommended changes to imply that gender is an ideological and activist driven theory. Commentary Mrs. Bowen includes about ADHD and the apparent relationship to gender dysphoria is pulled directly from the Parent Resource Guide. 

Definitions

Mrs. Bowen claims the concept of "cisgender" is an ideological term coined by gender theory activists. If cisgender is an ideological term, and LGBTQ is similarly a "gender theory activist acronym", then it stands to reason Mrs. Bowen doesn't accept the existence of LGBTQ individuals.

Definitions for Gender Fluidity, and Gender Inclusion Policies are taken directly from the Parent Resource Guide.

The definition for Gender Identity comes from the website "In Defense of Children" which "collects testimonies from teachers & parents about the impacts of extreme sexual orientation & gender identity (SOGI) ideology in Australian schools " and which has posts such as "Older Kids Groom the Younger" and "Parents Alienated to Draw Kids into Trans Life".

An extended definition of gender identity is taken verbatim from the website Active Watchful Waiting Australiasia which is apparently dedicated to being against gender affirming care. 

Portions of the definition for Gender nonconforming are taken from the NC Family Policy Council website. The council's website states "We are engaged in a battle to retain the Judeo-Christian values that are the foundation of western civilization. These are the same values which supported the establishment of the United States and which are embodied in the Ten Commandments and in the founding documents of our nation."

Commentary contained in the definition for Puberty Blockers is taken from the far-right Daily Wire founded by conservative pundit, Ben Shapiro. The site Media Bias Fact Check rates the Daily Wire as "Right Biased based on story selection and editorial positions that align with the conservative right. We also rate them Mixed for factual reporting due to the promotion of propaganda and a few failed fact checks."

Mrs. Bowen insists on including a definition for "sex" which expressly demands that sex is an "objective, binary trait" effectively denying the concept of gender, and transgender identity.

Mrs. Bowen claims, in her definition of Social Contagion, that "transgender identification" is a result of social contagion among people who are "vulnerable to peer influence". 

Parents

The policy changes demand school officials should refer to students by their legal, as opposed to their preferred name. Ultimately, the proposed changes deny that children do, indeed, have rights under the law. The prposed changes deny that members of the LGBT community may be subject to abuse and neglect at home, thus necessitating the school district to act in ways to protect the safety of the child.

Safe and Supportive Environment

Mrs. Bowen seems keen to apply the "all students" card by ignoring the distinct bullying that transgender students may experience. Indeed, Mrs. Bowen goes out of her way to reinforce the idea that being transgender ignores the "biological basis for sex" and attempts to divert attention away from the very real challenges of transgender identity by focusing on "co-morbidities". 

Mrs. Bowen, again, implies that organizations which seek to address the LGBT community are ideologically driven by "gender theory activists."

Mrs. Bowen further implies that transgender students should not be permitted to access facilities associated with their gender identity by claiming "these arrangements can traumatize them further." She further implies that female students are particularly, and adversely affected by transgender females utilizing shared spaces. By stating that females should be provided "single sex spaces" she implies that transgender females are not female.

And, Mrs. Bowen insists the policy include language which would permit the misgendering of transgender students by their peers by stating that "all students should not be compelled to use language or terminology which vioaltes their right to free speech."

Language contained in the section on Confidentiality and Privacy is pulled directly from Texans Wake Up, an anti-LGBT organization. The language in this section insists that religious freedom trumps tolerance and education related to diversity, equity, and inclusion which may run contrary to students religious beliefs. 

School Records

Mrs. Bowen insists that children, regardless of age, do not have a right to be called according to a preferred name unless their parents approve of the change and legally change the child's name. This expectation expressly denies the concept of gender identity and that there exist circumstances where parents may not approve of their child's LGBT identity. Insisting the school behave in this fashion erodes the ability of the school district to provide a safe space for students who may, as a result of their gender identity, experience challenges in their home life.

Activities & Use of Facilities

Mrs. Bowen insists that gender identity be expressly ignored with regard to participation in school activities and that individuals should be forced to participate in activities in accordance with their "biological sex". Similarly, she insists students should use facilites in accordance with their "biological sex" as opposed to gender identity.

Appendix 1: Frequently Asked Questions

The entirety of this section is directly from Minnesota Family Council's Gender Resource Guide