Hofmeister requests legal opinion from AG on transgender student bathroom policies

By law, Hofmeister’s formal request compels the Attorney General’s Office to provide an opinion to the legal questions she has posed, and once issued, that opinion will be binding for all Oklahoma schools.

Stillwater Public Schools have come under fire from state politicians Attorney General John O’Connor and Education Secretary Ryan Walters for its 2015 policy that allows students to use whichever bathroom corresponds to their gender identity.

The local school board passed a resolution asking the Oklahoma State Department of Education and state Board of Education to develop and for Gov. Kevin Stitt to approve emergency rules governing school bathroom policies.

But Hofmeister said the “proper course of action” is to get a binding opinion from O’Connor, particularly since Stillwater’s request doesn’t meet the definition of an emergency, as there have been no reports of behavioral concerns related to the policy in the six-plus years since it was adopted.

“The answers to these questions will provide the crystal-clear guidance sought and will come in the form of a binding opinion on those in Oklahoma who have historically been charged with implementing and enforcing Title IX,” Hofmeister wrote.

Stillwater’s bathroom policy was made an issue over the last month by Walters, a 2022 candidate for state superintendent and Gov. Kevin Stitt’s appointed secretary of education since 2020, amid controversies in other states.

Gay Washington, Stillwater’s interim superintendent, has explained to her community that Stillwater’s policy adheres to federal, Title IX protections for all students, including LGBTQ students.

Some local and state LGBTQ advocates have suggested Walters’ very public campaign against Stillwater’s 2015 bathroom policy is intended to boost his profile as he campaigns for statewide elected office.

Walters has issued public letters and corresponding press releases demanding action from the local board of education and most recently, the Oklahoma State Board of Education, which has Hofmeister as chair and six Stitt appointees. His social media accounts touted his appearance last week on Glenn Beck’s national radio show.

O’Connor, who is running for election to the post to which he was appointed by Stitt, has already sent Stillwater a letter stating: “No legal precedent currently requires Oklahoma schools to open women’s restrooms and locker rooms to biological males, or vice versa.”

The local school board responded by saying it would leave its policy in place unless forced to change course by the state.

Hofmeister, who is running for governor, posed seven legal questions, including one that cited O’Connor’s own words and asked:

“What, if any, law requires local educational agencies (school districts) to prohibit students from using the restroom facilities that align with their gender identity? Absent such a law, are Oklahoma local educational agencies to make local decisions through their elected boards of education and a policy that the board of education has adopted?”

Another asks whether the Oklahoma Parents Bill of Rights, which is set in statute, “provide a parent with the fundamental right to determine, without obstruction or interference from the state, the education of their minor child? If so, does this include through parental consent what programs, facilities or activities a student utilizes at a public school?”

Finally, Hofmeister’s letter to O’Connor also states that Oklahoma law has long held that school districts make decisions through their duly elected school boards, and asks “will the Oklahoma Attorney General defend, at its expense, any lawsuit or enforcement action brought against a state agency or political subdivision regarding the usage its restroom facilities?”

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