This decree is bureaucratic overreaching, because Title IX forbids sex discrimination, not discrimination based on gender identity. And it forbids discrimination, not failure to accommodate. Courts have rejected efforts to convert federal antidiscrimination statutes into duties to affirmatively accommodate, as they made clear in upholding California’s ban on race and gender-based affirmative action against Title IX and Title VII preemption challenges. (See, e.g., Coalition for Economic Equality v. Wilson (1997)). While the Constitution may provide transgender people with certain additional rights, the Obama administration lacks jurisdiction over such matters under the Title IX statute.
Archive for the ‘transvestites’ Category
Coalition of African-American Pastors slam Obama’s linking bathroom bullying to Civil Rights equalityMay 14, 2016
The president of the Coalition of African-American Pastors (CAAP) says that the Obama administration’s assertion that single-sex bathrooms are discriminating against gender-confused individuals in much the same way that blacks experienced discrimination in the United States is a “gross insult” to all who fought for equality for African-Americans.
This past Sunday, Bruce Springsteen was scheduled to play a concert in Greensboro, N.C. He canceled the concert, citing opposition to the recently passed H.B. 2, the “bathroom bill,” which he labeled discriminatory against the transgender community. Three weeks ago, Disney and several other companies, state governments, and individuals threatened to boycott the state of Georgia if Governor Nathan Deal signed a bill with similar legislation. He folded to the pressure and vetoed that bill. In 2010, a similar boycott of the state of Arizona was launched in opposition to S.B. 1070, a bill that strengthened immigration laws.
Some characterize the growing campus madness as a “war on free speech” or “on the First Amendment,” while others decry “political correctness run amok” and the phantom menace of “micro-aggressions” (harmless statements with no malintent, but nevertheless deemed aggressive attacks on “minority populations”). Still others focus on the wider political implications, i.e., the indoctrination of students to serve as “useful idiots” and “ground troops” for the radical left’s ongoing transformation of America.
But these characterizations, while true and troubling enough, are incomplete and don’t encompass the deeper reality of what is actually occurring on many of America’s college campuses.
It started getting public attention as a movement in California a number of years ago, where activists all of a sudden demanded “respect” for homosexuals and transgenders in public schools and progressives in the West Coast state responded with a law that banned negative portrayals of those alternative sexual lifestyle choices.