WND EXCLUSIVE
STUDENTS FLUSH OBAMA'S BATHROOM STANCE
Lawsuit: 'Nothing in Title IX's text, structure, legislative history … addresses gender identity'
Bob Unruh
The Obama administration, which earlier this week had to scramble to get into court after threatening a lawsuit over North Carolina’s law protecting women and children in restrooms, then finding the state already there filing its complaint first, now is being sued by students and parents over its demand that the state have open facilities statewide.
The complaint filed in the U.S. District Court for the Eastern District of North Carolina, Western Division, was brought by the Alliance Defending Freedom on behalf of North Carolinians for Privacy, involving both students and parents.
It cites the demands from the Obama administration that the state allow men who say they are women to use women’s restrooms, locker rooms and shower rooms, and vice versa.
The Obama administration last week had threatened to sue North Carolina over its new law, but then on Monday Attorney General Loretta Lynch had to scramble to get a court case going after finding out that North Carolina officials had beaten her to the punch and already had sued Washington.
Gov. Pat McCrory’s lawsuit contends the Obama administration’s interpretation of the 1964 Civil Rights Act – that Congress intended in that law at that time to provide open restrooms across the nation– not only is a vastly mistaken “overreach” but it also is a “bullying” of the state, which is exercising its constitutional authority to run its own affairs.
The issue arose as part of the Obama administration’s push for normalizing transgenderism across America. One city, Charlotte, adopted a rule requiring that transgenders be allowed to use whatever restroom with which they identity, but the state then stepped in to overrule that, setting a standard across the state.
It provides for protections for women and children in locker rooms that they would not be confronted by a man exposing himself, or something similar in restrooms. It also provides for transgenders, that when they complete their physical reassignment surgery and have their sex changed on their birth certificates, they are to use the restroom that is designated for that sex.
As part of Lynch’s agenda, she has threatened to withhold federal funding from individuals, such as students with federal loans, in the state.
The ADF lawsuit on behalf of the privacy organization said that goes too far.
“Nothing in Title IX’s text, structure, legislative history or accompanying regulations addresses gender identity,” the lawsuit explains.
“Indeed, recognizing that Title IX does not protect against discrimination because of ‘gender identity’ (but only against discrimination because of biological sex), beginning in 2011, Sen. Al Franken has repeatedly introduced legislation modeled after Title IX that would protect against discrimination because of gender identity in the education context, just as Title IX protects against discrimination because of sex.
“That legislation has failed to pass every year it has been introduced,” it says.
To expand the definition of discrimination would require congressional action or a rule-making process the Obama administration failed to follow, it alleges.
In fact, it notes that the Obama administration’s plan actually would create – not eliminate – discrimination.
“DOJ’s ultimatum seeks to compel the university system to allow some, but not all, biological males the right of entry and use of female restrooms and locker rooms. … So, under DOJ’s ultimatum, those biological males whose gender identity is female would be allowed access to the female restrooms and locker rooms, but those biological males whose gender identity is male would be denied such access.
“The result just described would be impermissible discrimination on the basis of gender identity, because it would make a biological male student’s gender identity the determining factor for whether he could access the female facilities, and vice versa.”
ADF explained, “The DOJ disregarded student privacy and safety when it issued letters threatening the suspension of federal funding for North Carolina’s schools and university system, as well as federal financial aid for North Carolina’s university students, unless the state government repudiated the law known as House Bill 2. That law ensures that government facilities and public schools protect personal privacy by maintaining sex-specific restrooms, locker rooms, and showers. The DOJ then filed suit against the state on Monday, the same day that the governor and the General Assembly each sued the agency over its illegitimate demands.”
“The administration shouldn’t condition the ability of women to receive an education on their willingness to shower with members of the opposite sex,” said ADF Senior Counsel Jeremy Tedesco. “On behalf of North Carolina students and families – and by extension all students and families across the nation affected by the DOJ’s and DOE’s overreach – we have filed suit to stop both agencies from bullying schools and universities. The agencies must stop using falsehoods about what federal law requires to threaten student access to educational opportunities and financial assistance.”
At issue is about $1.4 billion in federal funding for North Carolina’s universities, approximately $800 million in federal financial aid to North Carolina’s students, and federal funding provided to all elementary, middle, and high schools throughout the state.
The ADF points out the agencies have no authority to make such threats.
That’s because the 1972 federal law that controls “specifically states that a school receiving federal funds can ‘provide separate toilet, locker room, and shower facilities on the basis of sex’ without putting that funding at risk.”
The problem is that the federal agencies are simply redefining the law – without authority to do that.
“No government agency can unilaterally redefine the meaning of a federal law to serve its own political ends,” explained ADF Legal Counsel Kellie Fiedorek. “The departments of justice and education are exceeding what they are legally allowed to do. It’s ironic that laws from the 1960s and 70s that were enacted to combat sexual harassment and discrimination by men against women are now being used against women, specifically by letting men use women’s showers and locker rooms against their will.”
The case seeks a federal court injunction against the Obama administration’s transgender sexual agenda.
Bathrooms on the brain
The Obama administration’s move to open bathrooms and ignore biology even drew a satirical video from the the Family Research Council in which a narrator pointed out: “So … while ISIS is infiltrating America … President Obama seems confused about human biology. While Russia taunts our military … President Obama is fighting for men to access to women’s locker rooms. While Iran and North Korea fire ballistic missiles … President Obama is demanding grown men have the right to use women’s bathrooms.
“Who knows what’s next? President Obama could issue an executive order wiping out single gendered bathrooms in national parks … or in federal buildings … or tell the TSA to stop requiring those who fly to declare their biological sex. It’s absurd.”
The video: Child abuse
The American College of Pediatricians has warned of the danger of allowing children to “impersonate” the opposite sex.
“A person’s belief that he or she is something they are not is, at best, a sign of confused thinking,” the group said. “Conditioning children into believing a lifetime of chemical and surgical impersonation of the opposite sex is normal and healthful is child abuse.”
WND columnist Jane Orient, M.C., asserted pushing boys into girls locker rooms is an idea based on “seriously flawed assumptions.”
“In fact, the science cannot be clearer. There are two sexes. Leaving aside rare conditions such as congenital adrenal hyperplasia, this is absolutely plain at birth, and not a matter of arbitrary ‘assignment.’ A person with a Y chromosome is through-and-through male in every cell in his body. If ‘Caitlyn’ Jenner’s skeleton is dug up a few hundred years from now, it will unequivocally be identified as male.
“Second, they both assume that it is possible to convert a male into a female and that doctors are helping a patient affirm his true identity by so doing,” she wrote.
“In fact, it is possible for a male to become a eunuch or female impersonator, but he will never be able to be somebody’s natural mother. And what do we do to a boy to try to make him appear female? Do we have any information about the long-term effects of female hormones starting in childhood? Maybe we will eventually, if we follow today’s experimental subjects – who are too young to consent and are likely not having the possible consequences spelled out. If castrated, they will lose forever the prospect of having natural offspring. And what will genital surgery do to urinary continence? How will hormones affect their risk of breast cancer? What about blood clots and strokes? And osteoporosis and fractures as they age? If adult athletes are forbidden to ‘dope’ with steroids, why is it acceptable for children?
“There are excellent reasons not to have boys and girls undressing in front of each other, and a transgender ‘girl’ is just a wedge. The real agenda is to further the sexual and cultural revolution: to undermine the family, to stigmatize the Christian faith and indeed all traditional morality, and to break down all resistance to a totalitarian state that dictates belief and behavior,” she warned.
Read more at http://www.wnd.com/2016/05/students-flush-obamas-bathroom-stance/#qOhPza1fVkJYDxy4.99My comments: Obama and the Democrats are a godless, Indecent People, Against God and His Word. They are out to Convert the Nation to their RELIGION of godless, Socialist, Secular Humanism--Thereby sending the Nation to the Hell that awaits them.
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