The Alaska Supreme Court is considering a case that could have enormous consequences for parents, students and public schools across our state.

At issue in X.A. v. Matanuska-Susitna Borough School District is a Mat-Su School District policy requiring students to use bathrooms and changing facilities designated for their biological sex, while providing single-occupancy facilities for students who want an alternative.

The ACLU challenged the policy on behalf of a transgender-identifying student, arguing that it violates Alaska’s constitutional protections of privacy and equal protection.

After a four-day trial, the Superior Court rejected those constitutional claims and upheld the core school policy.

Now the case is before the Alaska Supreme Court. Oral arguments were heard last week, and a decision is expected soon.

This Is About More Than Bathrooms

The larger question is whether Alaska schools can continue recognizing the biological reality that human beings are male and female when protecting privacy in bathrooms, locker rooms and other intimate spaces.

For generations, we have separated these facilities by sex for a simple reason: privacy matters.

Girls should be able to change clothes without being required to share intimate spaces with biological males. Boys deserve the same privacy.

Recognizing those differences is not hatred. It is not bullying. And it should not be unconstitutional.

Every student – including those struggling with gender identity – deserves compassion, dignity and protection from mistreatment.

But compassion does not require abandoning biological reality.

Mat-Su’s policy recognizes both principles. It maintains male and female facilities while offering single-occupancy alternatives to students uncomfortable using them.

That is a reasonable accommodation.

Parents Have Rights Too

Too often these debates focus exclusively on the demands of one student while virtually ignoring the privacy interests of every other child in the school.

Parents have legitimate expectations about who will share bathrooms and changing facilities with their sons and daughters.

And locally elected school boards should have considerable authority to establish reasonable policies reflecting the values and concerns of the families they serve.

If the Alaska Supreme Court decides that our Constitution requires schools to open sex-separated facilities based on gender identity rather than biological sex, the consequences could extend far beyond Mat-Su.

Bathrooms may only be the beginning.

Locker rooms, overnight accommodations and other sex-separated activities could ultimately be affected.

Compassion and Truth Can Coexist

At Alaska Family Council, we believe every child is created in the image of God and possesses immeasurable worth.

We also believe male and female are biological realities – not arbitrary categories created by government.

Those convictions are not contradictory.

We can treat every student with kindness while maintaining reasonable boundaries that protect everyone.

The Alaska Supreme Court should uphold the ability of schools to recognize biological sex and protect student privacy.

Because girls deserve privacy. Boys deserve privacy. Parents deserve a voice. And biological reality should not become unconstitutional.

The views expressed here are those of the author.

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