Education Secretary Miguel Cardona defended his new federal rules requiring schools to let students use the bathroom of their choice, saying he’s defending the rights of transgender students who have been “under attack in our country.”
Pressed by Sen. Cindy Hyde-Smith, Mississippi Republican, Mr. Cardona brushed aside concerns that biological girls might feel unsafe and lashed out at opponents of the new bathroom rules as “trying to create division.”
Ms. Hyde-Smith kicked off the exchange Tuesday by saying the new rule flips Title IX of the Civil Rights Act of 1964 on its head by giving “biological male” students the ability to use girls’ bathrooms and locker rooms through transgender access policies.
She said that curtailed girls’ safe spaces and could push some of them to give up on athletics.
“Do you agree that they’re eliminating those safe spaces when they allow transgenders to choose the bathroom and the locker room that they want to go in?” Ms. Hyde-Smith asked.
“Senator, we cannot pick and choose which students we want to protect,” Mr. Cardona replied. “All students deserve protection in our schools and what this Title IX rule does is ensure that all students including our LGBTQI students are protected.
“So when a biological male goes into the locker room with biological females, you think that is a safe space for those young girls?” the senator asked.
Mr. Cardona replied: “When girls walk into bathrooms, that’s — you may not be recognizing students that are transgender, but because you don’t recognize them does not mean I don’t protect them.”
Ms. Hyde-Smith tried again: “But biological males going into a girls’ locker room and a girls’ bathroom, you have no problem with that whatsoever and you consider them being safe in all circumstances?”
“The line of questioning is trying to create division,” Mr. Cardona answered.
He said the rules are intended to help students who “unfortunately historically in our country have been under attack.”
“No one is attacking anyone right now,” Ms. Hyde-Smith countered. “We’re talking about school safety in girls’ locker rooms and bathrooms.”
“I’m not saying you’re attacking them, I’m saying they’re under attack in this country,” the secretary said.