Earlier this month, Kentucky Sen. C.B. Embry proposed a bill which could force transgender students to exclusively use the school bathrooms and locker rooms that match their sex assigned at birth. According to a Jan. 19 USA Today article, The Kentucky Student Privacy Act would allow students who find someone in violation of the act to sue the school for $2,500. Faculty who do not prevent students from using “incorrect” facilities can also be punished.

If this bill gains ground, it could prompt similar action throughout the country. This is not the direction the United States should be moving in. Besides being unnecessary, the Kentucky Student Privacy Act is inherently discriminatory and must not pass the Kentucky Senate.

This bill is in response to a controversy at a Louisville high school where the principal allowed a transgender female student to use the girls’ bathroom. Despite many complaints, the principal stuck with his original decision, sparking Embry’s bill.

When proposing the legislation, Embry said he has no problem with transgender students and simply wants to prevent “psychological, emotional and physical harm” for those who walk in on a transgender student. His statement is contradictory. It recommends that students ask for special accommodations like unisex bathrooms to prevent uncomfortable situations.

But separation is the wrong answer to discomfort. Driving students apart will encourage prejudice, especially at such a crucial point in their young lives. Children will subconsciously build intolerance when they see transgender students purposely separated and painted as criminals. Rather than protecting anyone, this bill is trying to justify the discrimination and discomfort transgender students experience every day.

The Kentucky Fairness Campaign is taking a stand to oppose the bill. The campaign argues that it violates Title IX, which outlaws sex discrimination in federally funded schools. By preventing transgender students from using the proper facilities, schools are exemplifying sexual discrimination.

Requiring specific groups of people to use different facilities is reminiscent of another outlawed practice: separate but equal. Though this usually refers to racial segregation, the concept applies today as well. Both cast out a specific group of people so a privileged group can avoid discomfort. The Brown v. Board of Education ruling that “separate educational facilities are inherently unequal” is not specific to race and is definitely applicable to the Kentucky bill.

Sex discrimination was outlawed more than 40 years ago, separate but equal was outlawed more than 60 years ago.

The United States has come a long way since these times. President Barack Obama included the word “transgender” for the first time in a State of the Union speech. Syracuse University is also making strides by introducing gender-neutral dorm bathrooms, which should be implemented throughout campus as quickly as possible.

States like Maine and California have also fought discrimination. California passed a law in 2013 allowing students to choose school bathrooms and sports teams based on their gender. Maine’s Supreme Court guaranteed transgender students the right to use the school bathroom of their choosing last January.

Despite these strides, the Kentucky Student Privacy Act shows that there is much more to be done. Discrimination still runs rampant throughout the United States and the world. This bill is a big step in the wrong direction and cannot become a law. If we prevent children from learning intolerance now, we will have a discrimination-free generation and world in the future.

Kathryn Krawczyk is a freshman magazine major. Her column appears weekly. She can be reached at kjkrawcz@syr.edu and followed on Twitter @KathrynKrawczyk.

Published on January 29, 2015 at 12:15 am