Is the federal government best prepared to determine restroom policy for our children in public schools? The Department of Education (DOE) likes to think so, and that's a problem for school districts across Virginia. DOE regulations (and common sense) have long allowed separate restrooms "on the basis of sex." But the DOE now claims that school restrooms cannot distinguish on the basis of biological sex because schools “must treat transgender students consistent with their gender identity.” And even though the DOE has turned a common-sense regulation into legal nonsense, it insists that courts defer to the wishes of Washington elites. What’s worse, yesterday two judges from the U.S. Court of Appeals for the Fourth Circuit agreed that the DOE has the astounding power to forbid what the plain text of the law allows. Six states filed briefs opposing the federal government in the case—Virginia did not.
It’s time to stop the nonsense. Let’s take back control over public education from unelected bureaucrats in Washington. Mark Herring can’t be trusted to stand up for our public schools. Virginia needs a new lawyer.
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