Advancing Liberty Through Action

High Court Denies Bathroom Privacy

May 29, 2019

Yesterday, the U.S. Supreme Court announced its refusal to protect public school students’ right to privacy in bathrooms, locker rooms and other intimate spaces. The High Court denied review on a Pennsylvania case from the Third Circuit where students have access to bathrooms opposite to their biological gender. This sends an adverse signal that is reverberating throughout our nation.

Right now, Congress is considering the badly misnamed “Equality Act” that would expand such access to every public bathroom and changing area in America. It would include all businesses, churches, shelters, rest stops and even extend to both private and religious schools, as well.

We can tell our senators to stop this legislation right now! Join Liberty Counsel Action’s fight against this bill by sending a powerful fax directly to those who will decide the fate of this horrific legislation. Click the button below to make your voice heard and send your fax. - Mat

The U.S. Supreme Court's decision not to hear Doe v. Boyertown Area School District was a blow against common sense protections for privacy. However, this battle is just heating up as the intentionally misnamed "Equality Act" is moving through Congress and has reached the Senate.

Bathroom privacy is not the only thing this outrageous bill would destroy. It will harm people of faith as they try to work, live and share their beliefs with others in their community. HR 5 (now S 788) is so overly broad, it has a clause that applies to every person "whose operations affect commerce and who is a provider of a good, service, or program..."

Of course, nearly everything will "affect commerce" in some way. Even buying a candy bar--or deciding not to buy a candy bar--can be called an "effect" on "commerce." Nor does this phrase limit this bill's impact to those who are paid for their "good, service, or program." It could be construed to include anyone who provides a free service, as well. And the extent of both who and how this legislation seeks to control the exercise of our First Amendment liberties is truly alarming.

Help Liberty Counsel Action stop this legislation today. Make your voice heard immediately by elected officials by sending a targeted fax.

For now, the Supreme Court's refusal to hear the Boyertown case only applies to the open-door bathroom policy within Pennsylvania, New Jersey, and Delaware. But if the so-called "Equality Act" becomes law, that would instantly destroy bathroom privacy nationwide. Under S 788, it would be illegal to designate any bathrooms that are open to the public by biological gender!

This bill presents a serious safety risk. It opens the doors to anyone hoping to gain access to vulnerable people in vulnerable places. For example, Miguel "Michelle" Martinez, a born-male transgender was convicted for sexually assaulting a 10-year-old girl in a bathroom in Wyoming. The implications of the "Equality Act" are truly horrific. Our laws should seek to stop this dangerous behavior, not make access to children and other vulnerable people easier!

You can immediately send a fax to our senators demanding that they STOP the "Equality Act" right now!

Liberty Counsel Action is focused on this deceptive bill and we are leading the fight to stop it. America stands at a crossroads. The action you take today is an investment in the future of our nation for our children, grandchildren and for so many others.

And if you are able, please consider making a special gift to enable Liberty Counsel Action to continue the legislative fight for life, liberty and family...

I hope that you will join me in fighting S 788, the deceptively named "Equality Act." 


Mat Staver
Chairman, Liberty Counsel Action

P.S. I'm excited to relaunch our faxing service to fight against this outrageous bill. Will you add your voice to our fight and send a fax today? Or, if you haven't already, you can sign our petition. If you are able to donate, we would be so grateful for your support. Could you also forward this message to your friends, family and church members? Every American should be informed about the extreme danger the so-called "Equality Act" brings to our nation. Thank you!