The USCCB joined a number of other religious organizations in filing an amicus curiae brief with the Supreme Court for the case Gloucester County School Board v. G.G.
The case involves a “transgender boy” (biological girl), identified as “G.G.,” who seeks to use the boys’ restroom at her public high school. The student sued under Title IX (which prohibits discrimination on the basis of sex) and the Equal Protection Clause of the U.S. Constitution. The district court dismissed the case, but the Fourth Circuit Court of Appeals, in a 2-1 decision, ruled in favor of the student. The Gloucester County School Board sought review before the U.S. Supreme Court and received a temporary stay from the high Court that prohibits the student from using the boys’ restroom while the case is on review. In October, the U.S. Supreme Court agreed to hear the case. Other federal lawsuits of the same kind (student vs. school board) are on hold until this case is settled.
The religious organizations on the brief note, “The religious liberty we cherish is threatened by the Fourth Circuit’s decision adopting the Department of Education’s expansion of Title IX beyond any plausible interpretation.” For, “Major religious traditions—including those represented by amici—share the belief that a person’s identity as male or female is created by God and immutable.”
Archbishop Chaput, incoming chairman for the Bishops’ Committee for Laity, Marriage, Family Life, and Youth, shares segments from the report on sexuality and gender from The New Atlantis in his column this week.
He notes: “We live in a time when fundamental elements of human identity are routinely challenged and reimagined, with consequences impossible to predict. The New Atlantis does all of us a service by publishing the ‘Sexuality and Gender’ report, and restoring some badly needed clarity, scientific substance and prudence to our discussions.”
USCCB Chairmen Respond to Administration’s New Guidance Letter on Title IX Application
WASHINGTON—Two Committee chairmen of the U.S. Conference of Catholic Bishops (USCCB) issued the following statement in response to guidance issued May 13 by the U.S. Department of Justice and the U.S. Department of Education entitled “Dear Colleague Letter on Transgender Students”:
The Catholic Church consistently affirms the inherent dignity of each and every human person and advocates for the wellbeing of all people, particularly the most vulnerable. Especially at a young age and in schools, it is important that our children understand the depth of God’s love for them and their intrinsic worth and beauty. Children should always be and feel safe and secure and know they are loved.
The guidance issued May 13 by the U.S. Department of Justice and U.S. Department of Education that treats “a student’s gender identity as the student’s sex” is deeply disturbing. The guidance fails to address a number of important concerns and contradicts a basic understanding of human formation so well expressed by Pope Francis: that “the young need to be helped to accept their own body as it was created” (Amoris Laetitia [AL], no. 285).
Children, youth, and parents in these difficult situations deserve compassion, sensitivity, and respect. All of these can be expressed without infringing on legitimate concerns about privacy and security on the part of the other young students and parents. The federal regulatory guidance issued on May 13 does not even attempt to achieve this balance. It unfortunately does not respect the ongoing political discussion at the state and local levels and in Congress, or the broader cultural discussion, about how best to address these sensitive issues. Rather, the guidance short-circuits those discussions entirely.
As Pope Francis has recently indicated, “‘biological sex and the socio-cultural role of sex (gender) can be distinguished but not separated'” (AL, no. 56, emphasis added). We pray that the government make room for more just and compassionate approaches and policies in this sensitive area, in order to serve the good of all students and parents, as well as the common good. We will be studying the guidance further to understand the full extent of its implications.
The statement was issued by Bishop Richard Malone of Buffalo, chairman of the USCCB Committee on Laity, Marriage, Family Life and Youth; and Archbishop George Lucas, chairman of the USCCB Committee on Catholic Education.
Consultant Dr. Theresa Farnan also wrote an article about this issue for OSV.
On January 4, 2016, the Catholic bishops of Nebraska issued a statement regarding the immanent vote of the Nebraska School Activities Association (NSAA) regarding whether high school students who experience gender dysphoria may participate in sports according to their chosen “gender identity”. They said that allowing biological male students to play women’s sports, or vice versa, would “allow a harmful and deceptive gender ideology” to determine a schools’ activities. “This would certainly have a negative impact on students’ and society’s attitudes towards the fundamental nature of the human person and the family,” they wrote.
The bishops note that every person who experiences gender dysphoria is entitled to respect, dignity, support and concern, but that this support must not compromise the safety, privacy, or rights of all the other students. Read the whole statement here.