Chris Kenning

The (Louisville, Ky.) Courier-Journal

LOUISVILLE — Before a divided crowd of several hundred students, parents and advocates, a Louisville high school's site-based council Thursday gave initial approval to a non-discrimination policy sparked by a controversy over a transgender student's access to a girls' bathroom.

The Atherton High School policy, which still must receive a second reading, bars discrimination based on a range of factors, including age, race or sexual orientation — but goes a step beyond a similar districtwide policy by also including gender identity.

It didn't explicitly endorse principal Thomas Aberli's recent decision to allow a student who was born male but identifies as female to use one of the girls' bathrooms and locker rooms, a move that prompted complaints from some parents and students.

But advocates said the policy's approval lent support for the rights of transgender students, who were recently extended federal civil-rights protections as part of new guidance from the U.S. Department of Education Office for Civil Rights under Title IX programs.

The school's move "helps these students know their rights are protected," said Michael Aldridge, executive director of the American Civil Liberties Union of Kentucky.

Some school council members said they may discuss or re-examine the policy at future meetings. Aberli agreed to discuss it, but noted that school policy gives him authority for assigning space, and he said for now he plans to continue his current procedure.

Students "will continue to be allowed to use the facilities of their gender identity," he said, adding that even though he knows some aren't happy, "that decision isn't going to change ... not unless I'm told to do otherwise."

That upset some of the opposing parents and students, who said students' privacy rights were being violated by the policy. In more than an hour of public testimony, several speakers argued the school should create a unisex or gender-neutral bathroom.

"The concerns of one student are being given more weight and legitimacy than the concerns of many other members of Atherton," said parent David Kelty, whose ninth-grade daughter, Christina Kelty, said some students were upset but were "afraid to speak out."

But others, including a mother of a transgender student at another school, said gender-neutral bathrooms create their own problems. Forcing transgender students to use a separate bathroom means forcing them to "out" themselves in a way that violates their own privacy rights, she said.

"Don't deny my child's right to be who they are," she said.

Most of the students who spoke supported the policy, drawing loud applause in a largely cordial meeting that Aberli said was the only school council meeting that had attracted any public speakers in nearly five years — not to mention a bank of TV news cameras.

The issue arose when a freshman at Atherton got permission about a month ago to use the girls' bathrooms and locker rooms. Subsequent complaints led Aberli to allow the student to use one of the two girls' restrooms.

Advocates said the student wants to remain out of the public eye.

One girl on the school council said Thursday that she didn't mind sharing the bathroom, while another speaker said that "just because someone has a male body, doesn't mean that person is male."

Some speakers said the Jefferson County Board of Education needs to pass a districtwide policy. But the board has not done that, contending that statutes give schools the right to make decisions about how their facilities are used.

District spokesman Ben Jackey said at some other schools, provisions have been made to allow transgender students to use staff bathrooms. Aberli said if the Atherton transgender student had requested that, he would have done it. But in this case, the student requested to use a student restroom.

Elizabeth Stith, director of the Louisville Youth Group, which provides support for gay, lesbian and transgender youth, said many feel their needs often go unaddressed by school leaders.

Whether Thursday's vote will be enough to cement the practice isn't yet clear. Some opponents said they may muster supporters in hopes of defeating a second reading, which hasn't yet been scheduled. Others expressed hope that a compromise could be reached.