Senators Mark Warner, Tim Kaine ask for LGBT guidelines for schools

Senators Mark Warner and Tim Kaine are among 40 Democratic Senators asking for the Department of Education to weigh in on LGBT rights.

Lawmakers sent a letter to the department asking for guidelines on the protection of LGBT students. The senators say it’s in response to laws like one passed in North Carolina, which requires transgender people to use bathrooms in state buildings and schools corresponding to the gender on their birth certificates. While a similar bill died in Virginia, some are worried about localities.

“We do have individual school districts that are basically mirroring the same policies,” said James Parrish with Equality Virginia.

The senators say LGBT students are protected under Title IX, and schools that don’t comply could lose federal money.

“They are definitely at risk of losing millions and millions of dollars in federal funding for their school systems if they aren’t allowing transgender students to have access to the accommodations and bathrooms that conform with their gender,” said Parrish.

“These are issues that are much larger than should be dealt with by a bunch of unelected, unappointed bureaucrats. They should be dealt with by our elected officials,” said Victoria Cobb with The Family Foundation.

Critics say any guidelines looking to supersede state or local laws are over reaching.

“I don’t think there’s any question that the federal government is trying to do through regulation what should be done through law and trying to use federal funds as the stick,” said Cobb.

“This isn’t something that should be put to individual school administrations and counties. We need very clear guidance across the spectrum,” said Parrish.

Senators Warner and Kaine say this is about protecting students. Cobb says it infringes on students’ rights.

“Right to privacy to be in a restroom, or shower room or locker room without someone of the opposite sex in there also,” said Cobb.