Kentucky Youth Law Project, Inc.

A nonprofit legal services corporation providing no-fee legal assistance and advocacy for Kentucky's LGBTQ+ Youth.

Call us toll free: (844) 220-0226

ANTI-TRANS "BATHROOM BILL" PRE-FILED FOR KENTUCKY GENERAL ASSEMBLY 2020

KYLP Opposes this bill

Representative. David Hale (R-Menifee, Montgomery, & Powell Counties) pre-filed B.R. 1020, the Kentucky Student Privacy Act, which would require students to use the school restrooms and locker rooms of the gender they were assigned at birth, rather than the facilities consistent with their gender identity, and provides for a private cause of action against any school district that fails to prevent transgender students from using the facilities associated with their gender identity.

The Kentucky Youth Law Project, Inc. OPPOSES this harmful legislation for the following reasons:

a. This anti-transgender "bathroom bill" would effectively deny transgender students the use of public school bathrooms, locker rooms, or changing rooms that match their gender identity;

b. This bill denies equal protection of the law under federal and state constitutions;

c. Title IX of the Civil Rights Act rejects the argument promoted by the bill's sponsor that anti-transgender "bathroom bills" prevent sexual violence. Further, the federal law requires public schools to treat all students equally with regard to their sex or gender. Arguments of this kind are not based in reality;

d. A recent study found that since 2003, there have only been 20 instances of alleged bathroom sex crimes involving either a transgender person, a cisgender man intentionally taking advantage of a law protecting transgender bathroom access, or cisgender men disguising themselves as women to gain access to women's bathrooms;

e. By comparison, the same study found 154 cases in the U.S. since 2004 of cisgender men who allegedly committed bathroom sex crimes and did not attempt to disguise themselves as women or claim to be protected by laws expanding transgender bathroom access;

f. The real danger of assault is faced by transgender students who, every single day, have to weigh whether to use the bathroom in their school and potentially be attacked, either verbally or physically, by other students, or avoid using public facilities, which leads to a number of health risks to the transgender student, including a higher rate of urinary tract infections, heightened anxiety and depression, and suicidality; and

g. Arguments that this bill is about protecting students' right to privacy is another smokescreen argument, which is promoted by lawmakers who take advantage of people's insecurity surrounding bathroom usage and their fear of others who are different to propagate myths about the power of these anti-transgender laws to stop attacks in bathrooms and to protect student privacy.

Anti-transgender legislation focuses on bathroom use because the proponents of this legislation have found that in other states, like North Carolina, they could use these bills as a means of discrediting and preventing the passage of legitimate anti-discrimination laws that would protect LGBTQ+ people without adversely affecting the rights and privileges of non-LGBTQ+ people.

If Rep. Hale and the Kentucky legislature is concerned about student privacy, a better solution would be for the legislature to provide funding to schools so that they can modify their facilities to create more privacy for all students, such as by installing locking doors on toilet stalls, building floor-to-ceiling dividers between stalls, and creating more single-use restrooms, rather than communal restrooms.

And providing a private cause of action will only create a stronger financial incentive for schools to discriminate against transgender students and faculty and drain our schools of funding that could better be used to pay for new textbooks, school supplies, and educational resources. That pits transgender students against their fellow students and their community, and singles them out for bad treatment.

The Kentucky Youth Law Project, Inc. vows to fight B.R. 1020 and educate legislators about better ways that they can protect every Kentucky student without creating pariahs out of a small group of students who just want to be able to go pee in peace.

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KENTUCKY YOUTH LAW PROJECT, INC.

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A Note from our Legal Director,
Keith D. Elston:

Welcome to the Kentucky Youth Law Project's official website! KYLP was founded in March 2014 to advocate for the legal needs of Kentucky's lesbian, gay, bisexual, transgender, queer and questioning, intersex, gender fluid, and gender non-conforming (LGBTQ+) youth.

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KYLP Legal Director Keith Elston and his son, Nick, tabling at Capital Pride 2019 in Frankfort, Kentucky on Saturday, Oct. 12.

Azkabash, hosted by Potterheads with a Purpose,
to benefit Kentucky Youth Law Project

Calling all witches & wizards to an unforgettable night of magic and mystery - AZKABASH! Be enchanted as you sit front row at our Harry Potter Drag Show full of sorcery and sass. Experience common rooms for every Hogwarts house, tarot card readings, hand-crafted cocktails and more. Costumes encouraged!

Our one-of-a-kind evening of spells and spirits will also raise money for a great cause - the Kentucky Youth Law Project, Inc., advocating for LGBTQI+ young people and supporting them with no-fee legal assistance. Bring the most magical version of yourself and prepare to party with 300 Potterheads who value excitement, mystery, diversity, fun, and standing up for a better world.

Hosted by Odeon Louisville at 1335 Story Ave. General Admission for $30. VIP, including a wand pairing ceremony with complimentary hand-crafted wand and 1 drink ticket, for $50.

Somewhere in Kentucky,
an LGBTQ+ Youth Needs Your Support.

For more details: Click Here

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OUR MISSION

The mission of the Kentucky Youth Law Project, Inc. is to enhance and protect the legal rights and entitlements of lesbian, gay, bisexual, transgender, queer, questioning, intersex, gender fluid, and gender non-conforming (LGBTQ+) youth through free legal representation, education, and public policy advocacy. Because up to 40% of all homeless youth self-identify as LGBTQ+, our goal is to reduce homelessness and promote equal treatment for LGBTQI+ youth in social welfare agencies, government services, the Courts, and public schools through the Commonwealth of Kentucky.

Founder and Legal Director Keith D. Elston serves on the Kentucky Bar Association's (KBA) Committee on Child Protection and Domestic Violence and is Chair of the KBA LGBT Law Section. He is a member of the Kentucky Bar Association, the American Bar Association, and the National LGBT Bar Association, and is a vetted member of the NLGBT Bar Association's Family Law Institute and the Transgender Law Institute. He has made numerous professional presentations to Kentucky lawyers, judges, social workers, and educators on LGBTQ+ youth issues, and has represented hundreds of LGBTQ+ clients.

Mr. Elston sees clients and potential clients by appointment only. If you are an LGBTQ+ youth age 25 and under, or are the parent or guardian of an LGBTQ+ youth, and you would like to consult with us regarding an issue related to your (or your child's) sexual orientation, gender identity or gender expression, please fill out and submit the contact request, above.

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