Trans

More States Join N.C. in Fighting Federal Transgender School Accommodation Orders

Eleven sue the Departments of Justice and Education.

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locker room
Credit: Simon Zirkunow, Flickr

It looks like we are officially on track for a final determination as to whether existing federal civil rights laws apply to transgender people, particularly public school students. In response to orders from President Barack Obama's administration that school districts are obligated, under Title IX, to accommodate the needs of transgender students to use the public facilities of their selected (not birth) sex, officials in a pack of states are suing to stop it.

The states involved are Texas, Alabama, Wisconsin, West Virginia, Tennessee, Arizona, Maine, Oklahoma, Louisiana, Georgia, and Utah. They join North Carolina, which is both suing and being sued by the Department of Justice over its newly passed law requiring people to use the public facilities (in government buildings and schools) of the sex listed on their birth certificates.

The complaint argues:

Defendants have conspired to turn workplaces and educational settings across the country into laboratories for a massive social experiment, flouting the democratic process, and running roughshod over commonsense policies protecting children and basic privacy rights. Defendants' rewriting of Title VII and Title IX is wholly incompatible with Congressional text. Absent action in Congress, the States, or local communities, Defendants cannot foist these radical changes on the nation.

As I explained previously, the Obama Administration's behavior is backed by some federal legal precedents, but to be clear, this nowhere near a legally settled matter. The administration is relying on a legal interpretation of a Supreme Court decision. The court ruled that discrimination on the basis of whether a person exhibits stereotypical gender behaviors violates federal sex discrimination protections. The case was about a woman who was denied a promotion on the basis of not being perceived as feminine enough.

That precedent has been successfully been used in a couple of federal cases to say the decision should also apply to discrimination against individuals on the basis of being transgender. This lawsuit is obviously meant to force a showdown to get a final determination of whether federal "sex discrimination" policies legally apply to transgender people.

Read the complaint here. Robby Soave warns about the potential problems of trying to protect transgender students by extending Title IX beyond its original intent here.

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119 responses to “More States Join N.C. in Fighting Federal Transgender School Accommodation Orders

  1. It looks like we are officially on track for a final determination as to whether existing federal civil rights laws apply to transgender people,

    It is a wonder of the age that a statute that refers exactly zip, zero, nada, times to gender somehow imposes a mandate against gender discrimination.

    1. Clearly you didn’t go to the right law school…

      1. This is true. The Title IX statute covers discrimination based on “sex,” not “gender identity.” Transgender people themselves have explained many times that “sex” is not “gender.”

        The issue is not whether transgender discrimination can EVER constitute sex discrimination under a stereotyping theory (it can, under the Supreme Court’s Price Waterhouse decision) but whether it ALWAYS does, and demands affirmative accommodation, rather than merely non-discrimination (which it doesn’t; Title IX and Title VII have been held not to mandate affirmative action, for example, in court rulings upholding California’s Proposition 209).

        As one commenter put it, “The Obama administration’s transgender guidance, which requires that male-looking biological males with male genitalia be allowed to use women’s locker rooms and live in women’s dorms (based on their “internal gender identity,” as if one could somehow have a female gender identity without having any feminine characteristics [like feminine dress] or biological traits), . . . is illogical and based on internally inconsistent reasoning.”

        Former Justice Department lawyer Ed Whelan debunks the Obama administration’s rationale at length, at this link: http://goo.gl/kbZJ9C

        1. I meant to agree with RC Dean that the Obama administration’s position is legally wrong, not reply to RBS. Sorry about that.

          1. I thought maybe I need to sarcasm harder.

  2. Now Porky’s is totally outdated. No need to drill a hole to the girl’s shower now – just stroll right in and enjoy yourself.

    1. Hi ladies, I just decided to idenfity as a woman when I realized I had to take a piss, where’s the urinals in this dump? WTF? Do I need to re-identify as a man just to find a urinal?

    2. “I’m a man who identifies as a woman who identifies as a man jerking off while watching you shower. Now avert your hateful gaze bigot!”

    3. If you have to rely on straight men behaving badly to explain why we can’t accommodate transwomen, the problem is the transwomen.

  3. This is the dumbest fight ever.

      1. What’s next? I mean really, how stupid can we get? I’m guessing a lot more stupid. Fuck.
        /pours big glass of Rye

        1. Oh when it’s said there’s no such thing as peak derp, believe it. I really need a drink and I have more work to do today. Shit!

        2. Before this bathroom thing, was there ever a social justice battle taking place that you thought couldn’t get any more stupid than that?

          1. The gay wedding cake thing, then the rebel flag freakout. But yeah, nothing before this has ever been this idiotic. And the left are just getting warmed up. Just wait, they’ll show you some real stupid soon enough.

            1. The confederate flag and gay marriage has been around. This seems invented just to have a fight.

    1. JFK put a man on the moon. BHO put a man on the toilet in the lady’s bathroom.

      1. You magnificent bastard, I want your newsletter!

  4. It looks like we are officially on track for a final determination as to whether existing federal civil rights laws apply to transgender people, particularly public school students words have meanings.

    FIFY

    Sorry, but this case is about whether or not the federal government can pass a law with strictly defined words and then either add imaginary words or pervert the meaning of existing words in an effort to subvert the will of he people. That’s it, period. Because if the Feds can get this bullshit to stand, who’s to say they won’t redefine what qualifies as “arms” or “speech” sometime down the road?

    1. Your “arm” is now your “leg.” Deal with it.

      1. Your pistol is now a weapon of mass destruction, terrorist!

        1. Pipe bombs have been called WMD in criminal charges.

          1. I mean, bombs do cause mass destruction. Otherwise it’s referred to as a ‘dud’.

            1. Yeah, no. Mass destruction means it can take out a city (or a large part thereof).

      2. It may sound over the tip when I phrased my OP the way I did, but I really do believe what I wrote. This is about laws having meanings and not being “living documents” that can be changed arbitrarily without the law being changed through established procedure.

        This is extremely important.

        1. “over the tip”

          I see what you did there

        2. Important, Core Concept, tomayto, tomahto.

    2. the lengths to which some at Reason are going to paint this as something it is not as weapons-grade retarded. Trans people are not stopped from going to the bathroom; they’re being treated EXACTLY LIKE EVERYONE ELSE.

      1. Trans people are not stopped from going to the bathroom;

        I haven’t seen anybody at Reason or anywhere else make that claim.

        1. the first line in this story clearly implies that, as if some civil right exists to let you use the bathroom of your choosing. Bathrooms, and secondarily locker rooms, are what this dust-up is all about. This is not the first article.

        2. What it sounds like to me, is that you don’t even have to really be a trans in any real sense of the meaning, you merely have to ‘identify as’ one. Meaning I can identify as a woman right now and go to the ladies room. How could you stop me if such a law existed?

          1. And just wait for the lawsuits to start coming in when businesses just take the sex designations down from their shitter doors.

          2. Hyperion, I’m not sure there is any other meaning of “trans” than “I feel like/identify as _____”.

            1. I’m pretty sure there’s a difference in transsexual and transgendered. Even in the LGBTQetc community.

            2. Well, there’s getting boobs and taking estrogen and cutting off your wee wee, or vice versa, right?

            3. The Obama administration’s regulation requires acceptance of that feeling even without a medical determination of having any condition whatsoever.

              1. Mickey is right. They’re establishing who a law applies to and then saying there is no way to define the parties so they’ll just let them define themselves, and those definitions are subject to change at any time and every person that interacts with them is responsible for reading their mind to determine their “identity” at any given moment.

                1. is responsible for reading their mind to determine their “identity”

                  Worse, you have to ask about it, then listen to the whole response.

                  1. This social engineering thing is wonderful. Just imagine a future where you have to talk to everyone you meet for an hour about their sexual identity. I’m a man who used to be a woman who thinks I’m a cat, but I don’t have a gender. Do you know how you’re supposed to refer to me! Well, do you!

                2. The best kafkaesque laws are the ones you can never truly know you’re violating.

            4. I recently had to attend an online seminar about accommodating transgender students on campus. It had Transgender in the title and repeatedly talked about trans this trans that, talked about people transitioning and in transition, but one of the first points of the seminar was to say that it’s bad to use the term “trans” because it means that something is changing or crossing from one side to another and obviously it’s not a transformation, they were always x gender. It also said don’t use the term “preferred” to refer to someone’s gender or name. Ok.

              1. We’re not telling them what to think, River, we’re just trying to show them how.

              2. Look, muthafucker, you’ll call me by my nickname because it’s the law, not because that’s what I prefer to be called.

          3. That’s the point. Simple math says there are ten times more perverts out there than there are transgenders.

            Although now everyone caught in the girls locker room will be a transgender, no matter what.

            Perverts have been given a get out of jail free card.

    3. I think it’s already been done. They named it ‘Obamacare’.

    4. What does “state” mean, anyway?

  5. JFK sent men to the moon. Obama sent men to the women’s bathroom!

    1. “To boldly go where no man has gone before…”

      1. + 1000

      2. Emphasis on boldly…

        “Must be like the tide at Omaha beach.”

    2. Damn you!

  6. It looks like we are officially on track for a final determination as to whether existing federal civil rights laws apply to transgender people, particularly public school students.

    Perhaps you can show civil rights law is being violated against trans people. That’s usually a good starting point when straining credulity to make a case that rights are being violated.

  7. So when will a poop emoji in the urinal be allowed? Asking for a friend (Crusty).

    1. I received two indecipherable emjois from a woman this afternoon. I want to type back “the fuck you mean by that?” but she is a lady and stuff.

      1. Well, what were they?

        1. I have no idea. I just assume she was complimenting my penis.

      2. Crusty. Use the eggplant.

      3. The eggplant and water droplet emoji usually goes over well. They *know* what you mean.

        1. Damn. Where muh grammar gone? Usually go* over well.

        2. Wait, I don’t. What the fuck do they mean?

          1. I assume one means penis but what is the water dropl…….oooooooh!

            -Edith Bunker

      4. Ohhh… those emojis… those are the tranny emojis! That’s not a woman, that’s man, baby!

      5. She!? I bet you didn’t even ask if she preferred that pronoun, shitlord.

        Aw dammit I did it too…!

  8. All the states are racist bigots. Let’s abolish states now. All of that federalism shit was always about racism anyway.

  9. Um, existing federal civil rights laws apply to transgender people. In fact, they apply to everyone. That is the not the question. Federal Civil Rights laws simply don’t protect them for being trannies because “sex” under federal law isn’t based on one’s delusional beliefs, it’s based on biology i.e., reality.

  10. Hillary: (yelling in shrill raspy voice) I’m the only one who has a 30 billion dollar plan to ensure that you can use whatever bathroom you want to!

    1. And she’ll email you the details…

    2. *shudder*

      I didn’t think it was possible but she makes me run for the remote faster than Obama when she opens her mouth.

    3. Oh when will we stop looking to the past and start looking to the future?

  11. If they go down this road of letting people declare their own sex (using the word in the actual fucking law), how will they not be forced to accept racial self-identification or national origin-identification on federal forms and college applications? This would effectively nullify Affirmative Action if people decided en masse to call themselves black or Mexican on their government forms. Which would be a good thing, but not if the result is that words no longer have meanings.

    1. you know what? I don’t think that anything other than the honest and decency of every day people was preventing that in the first place.

      I, for one, put whatever the hell I feel like putting as regards the race form, and I am currently a Native American at my job. Who’s going to argue with me?

      1. Your mom?

      2. Elizabeth Warren?

      3. And if you were born in the US, you are in fact a native American. Sometimes, PC language is a nice tool for tossing back at the social justice crowd.

        1. I can trace my ancestry back to 1605. If 400 hundred years in a country doesn’t make you a native, I don’t know what does.

          1. mine goes back to 1617, but yeah, that’s exactly the argument I made. 400 years is long enough to make me an American through and through, so there.

            1. I can trace one of my ancestors to the Norman invasion in 1066. After just 200 years they changed their French names to sound more English.

              1. we’re Jews so we’re shiftless and rootless until 1948. I can trace my family’s ancestry from pogrom to pogrom.

                1. Fortunately for my ancestors, they were always on the supply side of violence.

            2. 1631 for me. I’m related to Roger Williams.

              1. And I’m also part oppressed people (Lithuanian) and another part (either an 1/8 or 1/16, depending on how Basque my jerk great grandfather was, Mexican). I think that’s why I’ve always not given a crap about how “oppressed” people’s ancestors were. Mine had to flee Spain for Mexico, migrated north for economic opportunity in Tuscon, moved to LA for the same, and the original American one got kicked out of the Massachusetts Bay Colony for not wanting a State religion and founded Rhode Island. Not sure if I should be ashamed of that or not….

              2. Roger Williams ruled.

          2. there you go. What is someone going to say? “That’s not what Native American means?” Sorry, fuckers, but if you’re trying to say Indian, then say Indian.

        2. I bet if I squinted hard enough I could see those ancestors of mine that left Africa and eventually ended up in Europe. I suppose I could start checking African American.

          Or could we just start demanding Indian money and free houses (on wheels) in the reservations. After all, who the fuck do those red bigots think they are, telling me I can’t identify with them?

          1. Italian-American ancestors spoke what language, again? Latin.

            Italians are Latino. Use logic to disprove me.

        3. Aren’t most native Americans actually of Asian descent? So basically, they’re native Asians, not native Americans. They came here and stole the land from the buffalo and committed genocide.

          1. They killed off the horses too!

    2. I can already imagine myself putting on a big orange afro wig and a dress, and some moccasins and walking into an employment office. Hi, I’m a black female native american transgender and you best give me a job now, bitch, and where’s the ladies room?

      1. That’s a winning combination if you’re applying for a government job in San Francisco. In a private business in flyover country it’s a non-starter.

        1. *moves to SanFran, gets great job, can’t afford housing, lives on street*

          1. *the gods of karma laugh and laugh and laugh*

  12. This has to be the dumbest political fight of my lifetime. Has to be.

    Of course, when God-Emperor Trump ascends to the throne and unleashes Pax Americana and 1,000 years of harmony, we’ll yearn for silly fights like these.

    1. Is it dumb because the lunatics are demanding that the federal government mandate trannies as a protected/privileged class, or is it dumb because people are objecting?

      1. it’s dumb that taking a leak has become political but since you did not offer that option, Ima go with the former of the options.

        1. No, I offered that option. Its “the lunatics are demanding, etc.”.

      2. Well, trannies would be smart to object to protected status, if they want to be employable.

        1. The government or any liberal academic org will hire them first.

      3. it’s just dumb because government shouldn’t even be involved in this in the first place.

        Universities are going to be thoroughly screwed either way, because the TERFs are going to sue if men are allowed into their bathroom.

      4. It’s dumb because we’re coddling people with severe mental problems by engaging is mass delusion pretending they’re same.

  13. Hodor? Hodor hodor, hodor.

      1. Willas the Wight rises and is pissed.

    1. Quite fitting commentary for this pressing subject.

      1. *Holds bathroom door for Microaggressor*

        1. But… you’re holding the women’s door.

  14. If only we had known Obama is Kenyan for ‘penises in the little girl’s room.”

  15. I took a shit in the men’s room once.

  16. It’s 2016 and we’re unsure which bathroom to use

    1. First world problems.

  17. Well OK, so just get rid of gender-specific bathrooms and rip out the urinals from the men’s john. Would that be good enough? Of course, it will be a matter of time before laws are passed requiring the male gender identifiers to put the seat back down.

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  19. I’ll only agree to pretend that this is a serious challenge to states’ rights when social conservatives start setting themselves on fire in the parking lots of Target stores in protest. (And they have to actually die – or at least get seriously disfigured. They can’t just extinguish the fire with Mountain Dew after a few seconds, and then go on “I’m a persecuted Christian” book tours on right-wing talk radio.)

  20. Testing 123

  21. I guess we just have to accept modern reality as it is. There are transgender students in our community and they claim their rights because they have the right to. Not everyone might like it, but schools are as much as public places as any other place. We have to create a decent environment for minorities in schools, we always did. For school and university students there is a term paper writing help by handmadewritings

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