The windows were approved following legal counsel from Independence Law Center, a subsidiary of the Pennsylvania Family Institute, which has been designated as an anti-LGBTQ+ hate group. BY SAMANTHA RIEDEL
(I don’t like this. Aside from the important and actual reasons, how’re the kids gonna smoke in the bathroom? Or buy tampons? Or trade clothes? Now, I realize kids likely don’t do two of those things at school anymore, anyway. But people need their privacy in restrooms. This from the people who are so worried about their own privacy in bathrooms? -A)
A Pennsylvania school district is under fire for installing windows looking into middle-school bathrooms, seemingly at the recommendation of a conservative anti-LGBTQ+ advocacy group.
Gender-neutral bathrooms at Emory H. Markle Middle School in Hanover now have large windows on their outer walls, which allow those outside to see the bathrooms’ sink area, but not inside the stalls, as seen in photos shared with local news outlets. The windows have reportedly not been installed in gendered multi-user bathrooms or in changing rooms — and according to South Western School District (SWSD) board president Matthew Gelazela, that means privacy isn’t an issue.
Our students should not consider the space outside of our stalls as private within the multiuser restrooms,” Gelazela said in a statement to PennLive this week, highlighting a district policy that specifically requires “private changing areas” be provided to students. “Areas between our stalls and sinks in multiuser restrooms are not private changing areas under that policy.” Gelazela further claimed that the district is in the process of adding higher stall walls to gender-neutral bathrooms to increase privacy.
According to district board records, SWSD board members approved the bathroom windows — the installation of which has already cost the district $8,700 — after receiving a recommendation earlier this year from the Independence Law Center (ILC), which the district contracted as an outside legal counsel in March.
Around the same time, the board adopted an ILC-recommended policy that restricted teachers from using anything but a student’s pronouns based on “biological sex” and legal name, or a nickname commonly associated with their legal name, at school. They also adopted a plan to allow parents to restrict their children from specific categories of books, another ILC recommendation.
At an August 14 meeting, one board member noted that demolition for the bathroom windows had begun before the board officially approved their installation or knew the costs associated; the board then voted to go forward with the windows by a vote of 6-3.
ILC is a subsidiary of the Pennsylvania Family Institute (PFI), itself tied to the far-right Family Research Council, both of which have been designated as anti-LGBTQ+ hate groups by the Southern Poverty Law Center. ILC’s website claims it acts to “secure the blessings of liberty,” which it apparently seeks to accomplish by filing amicus briefs in numerous anti-LGBTQ+ legal cases like 303 Creative v Elenis and Masterpiece Cakeshop v Colorado.
ILC chief counsel Randall Wenger appeared to distance his organization from the SWSD policy this week, however, telling NBC affiliate WGAL that it was “not our recommendation to create a line of sight into a restroom that lacks adequate privacy” and that ILC believes “privacy in multi-user facilities starts at the door of the room, not the door of stalls,” but that if stalls were made more “like the bathrooms on airplanes,” bathrooms may “open to a public area” where staff can monitor students for drug use or loitering. It was not clear whether SWSD’s policy extended beyond what ILC originally recommended, or if the district had simply not implemented stalls with greater wall-to-ceiling coverage before installing the windows.
Them reached out to ILC for further comment, and received the following statement from Wenger, further denying ILC’s responsibility for the policy: “Independence Law Center always recommends privacy, including increasing privacy within existing facilities. We never suggest putting a window into restrooms with stalls. Facilities with full privacy, like bathrooms on airplanes can open to a public area just as we are all used to on airplanes and coffee shops.” Them also reached out to Gelazela for comment, but did not receive a reply before publication.
According to mission statements and case examples on its website, ILC primarily acts to curtail LGBTQ+ rights and advance Christian ideals and policy goals under the auspices of protecting “liberty,” including what it terms “marriage and the family” and the “protect[ion of] human life” — i.e., opposing abortion, a major goal of the PFI. The organization also has ties to past fundamentalist Christian groups. Prior to his work with the ILC, Wegner was employed by the Foundation for Thought and Ethics, an “intelligent design” advocacy group that published and distributed the creationist textbook Of Pandas and People. The distribution of Pandas in a Pennsylvania public school district led to a 2005 district court decision that determined the school board had violated the Establishment Clause of the First Amendment.
Parents of students at Markle Middle School told local outlets they were shocked to learn that the district had installed windows in bathrooms, pushing back against Gelazela’s claim that students’ privacy rights were not affected. “It just raised a ton of concerns for me: privacy concerns, safety concerns, concerns for the kids who need those facilities. I feel like this is a deterrent to keep them from using them,” parent Jennifer Holahan told WGAL. “I can understand needing to have supervision [….] But I also think windows aren’t a solution. I think if it was a real issue, it wouldn’t just be [in the] gender-inclusive restrooms.”
Eric Stiles, executive director of the LGBTQ+ advocacy group Rainbow Rose Center in York, PA, told PennLive he believes the windows may likely be used to harass and intimidate LGBTQ+ youth in school.
“They’ve done book banning and not using pronouns and outing students to their parents, and now this latest attempt is these bathroom windows that really call into concern the safety of students,” Stiles said. “There will be other students that use the windows, which means they can track each other [….] What does it mean for victims of violence that haven’t been able to come forward? Now you have a big window there. Are they going to have to plan their day on how and when to use the bathroom?”
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