
What does the fourteenth amendment say about bathrooms?? Why aren't they illegal???
Well, it's something called the "exceedingly persuasive" standard. That means if you want to segregate by gender, you have to prove that your reason is really good. The courts use an easier standard for race and religious segregation. There you only have to have what is called a "compelling state interest" (a compelling state interest is something that is good for everyone, like safe roads, better education for everyone, or religious freedom). But if you want to segregate by gender, you have to have a much stronger reason.
Good for all of us that personal privacy is considered exceedingly persuasive! We get to have separate bathrooms!!!!! Did anyone ever read "There's a Boy in the Girl's Bathroom?" It's not related, I just loved that book. One of the best in the genre I think. But I digress.
The affirmative is going to have to argue that their reasons to segregate are "exceedingly persuasive". The good news is that it is written in the No Child Left Behind act that single sex schools are okay if they are going to help have "no child left behind". So if you can argue that schools with both boys and girls leave girls behind, meaning they don't score as well, you can use No Child Left Behind to argue.
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