Senator: Parents should be able to sue government for bathroom crimes

Senate Judiciary Chairman Josh McKoon, R-Columbus, a leading proponent of “religious liberty” legislation, is calling on state attorney generals across the country to fight the Obama administration’s directive on public school bathrooms.

He also plans to file legislation to waive the government’s sovereign immunity from lawsuits if the Obama directive is implemented.

The White House’s guidance last week directed public schools to allow transgender students to use bathrooms that match their gender identity, intensifying the debate over LGBT rights that’s already raging as the Obama administration battles North Carolina over the policy.

McKoon said he hopes state attorney generals across the country challenge the directive in court.

“We have enough problems educating our children without introducing this problem into the equation,” he said.

McKoon said unless something changes, he expects the General Assembly to address the bathroom issue in next year’s session, a sentiment shared by several other lawmakers since the directive became public. McKoon said he will file legislation waiving the state’s right to be protected from lawsuits if someone is “victimized” in a bathroom.

“I want to make sure they are able to sue the government on this …. we’ve got to make it clear if these policies are put in place and these children are put as risk,” he said. “I want to make sure if and when there are children who are victimized, their parents are going to be able to get legal relief.”

Advocates say there is no evidence that criminal behavior in bathrooms has increased in states and cities that adopted non-discrimination bathroom laws.