Barack Obama has once again acted in the dead of night along with the Justice and Education Departments to decree a sweeping regulation (Obama loves to misuse words, so a Treaty becomes an agreement in order to circumvent established and even Constitutional law, and a “letter” or “regulation” is substituted for a law) to completely redesign society.
The new policy, issued on Friday afternoon to avoid immediate coverage by the press, does not carry the weight of law. However, under the anti-discrimination Title IX, schools that refuse to implement the policy could face federal lawsuits and the loss of billions of dollars in federal aid. That is not much of a choice. With the stroke of a pen, the policy has established the following:
Schools will now be required to police speech regarding gender identity.
School officials will be required to refer to students by their chosen gender and also, through the creation of nondiscrimination policies, to maintain an “environment” that the administration deems sufficiently “safe,” “nondiscriminatory,” or even “supportive.” This will necessarily require regulating student speech as well.
Additionally, the policy not only grants opposite-sex access to locker rooms (including showers), it requires schools with single-sex dorms to allow men access to women’s dorms and to make other “overnight accommodations.”
When schools are arranging accommodations for overnight school trips, boys will be entitled to sleep in the same hotel room as girls. When, inevitably, girls are involuntarily exposed to the sight of male genitalia, it will be interpreted as the byproduct of the exercise of civil rights rather than an act of indecent exposure or sexual harassment.
The policy prohibits schools from relying on “overly broad generalizations or stereotypes about the differences between transgender students and other students of the same sex”when determining eligibility for athletic competitions. While this does allow schools to consider “competitive fairness” and “physical safety” in participation rules, the ambiguity creates the potential for endless conflict and contention.
Boys will be competing in girls’ sports, and when parents or athletes complain, their “discomfort” cannot be considered as grounds for denying eligibility.
When students or their parents assert a changed gender identity, the school will be required to take them at their word. It can’t require a medical diagnosis, evidence of treatment, or even any identification document. A boy is a girl if he says he is a girl. The school must then grant him full access to girls’ programs and facilities on exactly the same basis as any other female at the school.
The Obama administration misleadingly claims that this letter does not “add requirements to existing law,” instead asserts that the requirements above are already mandated by agency interpretations of existing law. Thus, citizens are free to seek federal enforcement actions against any school that is out of compliance. This is disingenuous. The administration isn’t just interpreting the law, it’s expanding it dramatically. Through a series of memoranda, the Obama administration has unilaterally amended and expanded Title IX, and it is now signaling its willingness to enforce its edict by stripping noncompliant schools of federal funds.
The Left insists that it is a “party of science,” but there is no science in this outrageous grab for power as Obama bullies parents and schools who simply want to protect their kids and maintain a bit of modesty and decorum for society.
You can’t simply be a woman because you “feel” like a woman any more than a 5’6″ 130 pound Asian math major can be a 6’10” 255 pound African American USC linebacker simply because he (or she) “feels” like it. There is physical evidence that is pretty darn clear. Here’s a good check to figure out if you are a man. Drop your drawers and look south.
See an appendage? There is a pretty good chance that you are a guy. Need more science? Have your chromosomes checked. If the 23rd pair are two X chromosomes, that means female, go right in to the women”s restroom, you are welcome. If there is an X and a Y chromosome, don’t be a pervert, and don’t make the girls uncomfortable and suspicious. Use the boys restroom or shower and let the ladies have a little privacy. This is not hard, it is not ambiguous, but it is science. When this changes, the LGBTQ lobby can try again, until then, they should quit making this stuff up.
More nonsense from the Left on page 2: