Transgender Bathrooms in Schools: A Complex Issue

As an elected official, a community leader, and most importantly, as a parent, I must speak up about this controversial subject. My intention for those reading this editorial is to present this issue as a legitimate concern while also directing the attention to where it truly belongs: the legislature.

It has been brought to my attention that school districts are struggling to adhere and adjust to 2023’s House Bill 207, an expansion of our state’s Human Rights Act. Simply put, this measure included “gender identity” as a protected class against discrimination. This forces public schools (and all other public facilities) to allow students to use bathrooms opposite of their gender at birth who wish to do so. While myself and educators across the state wish for every student in New Mexico to feel safe, accepted, and comfortable, this accommodation poses several issues for other students, namely those who do not identify as transgender.

A possible solution to avoid situations where students in bathrooms have to face potentially uncomfortable or inappropriate interactions is to implement closed gender-neutral stall facilities with open communal hand-washing stations where adults can supervise. This brick and mortar solution is seemingly the only option that does not exclude any individual student while also allowing for separation and privacy. However, the cost to implement and retrofit every single existing bathroom facility with these physical barriers in each school across the state is astronomical. One single school district in the area I represent estimated this undertaking would cost approximately $15 Million to accomplish.

Is the public accepting of footing such a large allotment of their taxpayer dollars to accommodate an extreme minority of students? Will this “solution” completely eliminate the concerns of parents who are worried about their children’s safety and sense of feeling comfortable? Ask yourself: Could we spend that $15 Million elsewhere within a school district on more pressing needs to improve our failing education outcomes? These are the questions I believe we must consider thoroughly before proceeding forward with the proposed brick and mortar solution.

We should ask these questions to those who voted in favor of House Bill 207 and failed to take into account the full extent of the implications this would incur on our schools. They also lacked the foresight to provide any funding whatsoever in order to realistically implement the necessary infrastructure to allow for the safe and comfortable use of bathroom facilities for all students.

The school superintendents, principles, and educators are not the ones to blame, they are merely adhering to this newly adopted state law and doing their best to avoid lawsuits regarding discrimination or potential assaults taking place which have happened in other states where similar rules have been adopted. The party to blame is the legislature, specifically the progressive lawmakers who created and pushed this measure through without due diligence to address these very real consequences. I believe we need more information and more public input as to how we create a safe, private, and comfortable environment for our children when in school.

As it sits now, this is a no-win situation for educators, parents, students, and individuals who identify as transgender. My ask of you is to contact legislators and express your ideas and concerns regarding HB 207 and how we should proceed in order to protect ALL of our children.

BRANDON HARRIS | COMMUNICATIONS DIRECTOR

Republican Leadership Office

New Mexico State Senate

(505) 506-6518