In recent years, one of the main issues of the “culture war” has been the issue around gender identity, particularly around the use of bathrooms and locker rooms. It has been debated in state legislatures and courtrooms, and now, it was debated at the recent RJUHSD school board meeting. 

The State of Tennessee vs Cardona lawsuit, brought forth this last February, challenged the Biden administration’s Title IX regulations that protected individuals from discrimination not only based on their sex but also on their “gender identity.”

The argument the court presented was that this title was unconstitutional and violated teachers’ First Amendment rights and the equal protection clause of the Constitution because it compelled them to call a student by their preferred name and pronouns. The court also claimed that Title IX was “so vague”, and no one would be able to tell what violates this policy. 

The policy also allowed individuals who identified with a different gender than that assigned at birth to participate in sports, use bathrooms and change in locker rooms of the gender they identified with. 

“Now, by allowing boys to compete in girls’ sports, we are erasing girls’ accomplishments, and in many cases putting them in physical danger. We are telling girls they don’t matter,” Marla Franz said at the RJUHSD board meeting. “Girls and boys have a right to a safe, private, female-only or male-only space to go to the bathroom or change for PE. Girls and boys deserve bodily privacy and shouldn’t be compelled to undress next to someone of the opposite sex.”

At the September 9th, 2025 school board meeting, several community and board members brought up their concerns about the current policy in place in the RJUHSD district, including the allowance of males assigned at birth being allowed in the women’s locker rooms, bathrooms and sports, and how they believed our schools should incorporate the suggested changes from Tennessee vs Cardona.

“The landscape is ever-changing when it comes to Title IX right now, and there’s lots of conversations at both the state and the federal level. And so right now, in the Tennessee vs Cardona case, really what was impacted was Title IX,” Rob Hasty, the Title IX coordinator for the RJUHSD district, said. 

This is not the first time the board has debated this issue and other similar issues. The current policy regarding facilities access was put into effect in 2022. Two members of the current board approved the same language in 2022. In June of this year, the board voted to eliminate the equity policy, a move opposed by some, especially since no students or student board members were present.

“At that June 9th meeting, I voiced my concern about the message the board was sending to our students by eliminating this policy, particularly those who are marginalized and vulnerable. Those students who frankly need our support the most,” Bill Schuetz, a school board member, said at the board’s meeting on August 12th.

One of the concerns brought up by Franz was regarding harassment policies that state if someone submits a complaint against an individual who identifies with a different gender identity than assigned at birth in a locker room or bathroom, they could potentially be accused of harassment. 

“I passionately feel like everyone should be able to speak up,” Franz said. “The problem is with our current laws, is if you were to start to get specific about a person in the bathroom, you could potentially be accused of harassing that specific person.”

One of the suggestions that has been implemented at some schools in the district has been to put some gender neutral bathrooms on their campuses. GBHS has a gender neutral bathroom in the wellness center, and some other schools have chosen some bathrooms to be gender neutral as well.

“I think that this school should implement gender neutral bathrooms and general neutral locker rooms, because then it’s safe for all students and everyone feels comfortable,” an anonymous female athlete said.

Due to California state laws, there is little else the board can do to change this policy, even though the Biden Administration’s Title IX revisions, which required schools to allow students into whichever bathroom or locker room they identified with, were rescinded. The state has its own protections on the basis of gender identity, and the board must follow them.

“Taking a position on something that’s contrary to law exposes us to lawsuits and liability,” Schuetz said. “I think it’s always better to wait for judicial clarity on things before we get into the middle of something (and)  jump to a decision before it’s been decided.”

At the board meeting, three speakers were allowed an allotted amount of time to voice their opinions on this topic. After listening and voicing their own opinions, the board ultimately decided to let the current policy rest, since there wasn’t much they could legally do.  

“I think the way they’re thinking about it, let’s not make it a problem right now and wait to see what the Supreme Court says or doesn’t say,” Brandon Dell’Orto, an AP US History teacher who attended the meeting, said. “(Franz) voted for that to keep the current policy, which is probably less expansive in that area.”

This issue is still being debated in courtrooms across the country. Many are anticipating that a case similar to Tennessee vs Cardona will be brought before the Supreme Court, and the court would settle the matter nationally or turn it over to the states.

“It’s really hard to tell what that outcome would be (…) but I imagine we’ll find ways to support students, at least I’ll champion ways to support all of our students,” Schuetz said.