To absolutely no one’s surprise, another vestige of the Executive-heavy governing style of our former President is being ingloriously disintegrated today. That’s what happens when you govern by Executive Orders, regulations and administrative rulings. A more effective leader would have tried to codify some of his “hope and change” into law. Elections have consequences—as does the vanity which prevented our former President from working with Congress. Oh well.
The Trump Administration today announced they would revise or withdraw an Obama-era directive requiring public schools to let transgender students use bathrooms and locker rooms that match their chosen gender identity. The Justice Department sued North Carolina last year, saying the state’s House Bill 2 violated Title VII and Title IX of the Civil Rights Act. It singled out a clumsy requirement that people use the restroom that corresponds to the sex listed on their birth certificates.
But that’s not what the Civil Rights Act says. Title VII prohibits private and public employers from discriminating on the basis of “race, color, religion, sex, and national origin.” Title IX prohibits federally funded educational institutions from discriminating on the basis of “sex.” Neither statute mentions sexual-orientation or gender-identity discrimination. It is simply not in there.
If you think it SHOULD be in there, that’s fine. There is a Constitutionally-approved mechanism for that. It’s called the Legislative Branch. Congress, in particular. Look it up. But that is not how our former President rolled. Last summer, the Equal Employment Opportunity Commission unilaterally decided to give a big fat middle finger to our concept of Separation of Powers and amended the statute by saying that they interpreted it as including “sexual orientation and gender identity.” That is hogwash. The only way you can make that interpretation is by inserting it yourself. I could interpret the Civil Rights Act to include red-heads, but that doesn’t make it so.
To add insult to Constitutional injury, Attorney General Loretta Lynch indicated that the DOJ retained the authority to withhold federal funding to key state entities. This is a tactic that Tony Soprano would be proud of…a not-so-veiled threat before the courts issued any type of a ruling.
It seems to me the entire basis of HB2 is an exercise in how government intervention usually leads to unnecessary complications. I am going to work from the safe assumption that TG people have been using the restroom of the gender with which they have identified for years. Maybe there have been isolated cases where someone who looked like Lawrence Taylor in a dress raised some eyebrows entering the ladies room—but I’m reasonably sure it was not an epidemic. Live and let live. As it should be.
Ever-ready to fix a problem that did not exist, enter Charlotte City Council. Their measure in late 2015 which sparked all of this madness would have codified a right that was already being exercised largely without issues. It was a solution in search of a problem. The bill would have also had the unintended effect of allowing actual miscreants a valid legal defense should they be caught where they did not belong.
In a classic example of government overreaction, the North Carolina General Assembly responded with the hastily-written, overly-broad and poorly thought-out House Bill 2. Instead of addressing simply the bathroom issue, it also prevented localities from affording other more common-sense protections for the gay community in areas like housing and employment.
So what we had was an unnecessary effort by a local government birthing a piss-poor counter-effort by a state government. Overriding all this, the *Federal* Government, with their faulty interpretation of Title IX to include protections for every group under the sun—regardless of whether they are written into Title IX.
Look…i bear no animus towards the transgender community. I don’t pretend to understand the ins and outs of gender issues—but I would like to think if I had a unique issue that I would be sensitive of others who might be reluctant to embrace it. In short, if you demand that we be sensitive to your perspective, you must also be sensitive to the fact that there are many honorable people who have misgivings about the prospect of their 9-year old daughter sharing a restroom with a 9-year old boy. You may not agree with them, and that’s fine. But understand that their opposition to this idea may not be “hate.”
I’ll put it like this. Most of you know I have an autistic son. I cannot count the number of times we’ve been in a restaurant, grocery store, etc. and I’ve had to take him outside when he had a meltdown. While I have the “right” to remain where I am and expose other patrons to his breakdown, I “choose” not to impose myself on others and remove him.
Just because you CAN do something doesn’t mean you SHOULD do it.
I have taken President Trump to task when he runs counter to the Constitution and I have praised him when he abides by it. This is praise. President Trump, this is far more effective than a Twitter rant. Let’s keep doing things like this.