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That is too bad, because students, especially adolescents, need to have their privacy respected. Judge Alonso held that there is no right to visual bodily privacy.

But what if they were just observed naked without being touched?

For example, an arrestee who is physically strip searched by a guard of the opposite sex may have a valid claim that his or her right to privacy was violated. The courts have long a recognized a physical right to privacy. Seven percent have no opinion on the issue.”įrom a legal point of view, a crucial question is whether the students who do not want to be seen fully or partially naked by students of the anatomically opposite sex or who do not want to be inadvertently exposed to a student’s penis have a constitutional right to privacy. The public is almost evenly split on this issue: “Currently, Americans are split on what public restroom access policies should be - they are about as likely to say transgender individuals should be required to use a bathroom that corresponds to their birth gender (48%) as to say a transgender person should be allowed to use a bathroom that corresponds to their gender identity (45%). Others are more sympathetic to the girls’ concerns. One way to look at this is that these girls are simply being transphobic and their concerns must yield to the rights of transgendered students. Other students allege that they avoid using the bathrooms altogether. According to a decision issued last week by Federal Judge Jorge Alonso, the plaintiffs allege that, “A female student (who is not a plaintiff but who had been sexually assaulted previously) was exposed to Student A’s penis.” The plaintiffs also allege that another female student “wears soiled, sweaty gym clothes under her school clothes for the rest of the school day” in order to avoid having to change her clothes in the locker room. However, as the Illinois case shows, allowing anatomically male students to use girl’s locker rooms and bathrooms can cause significant problems as well.

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