Obama’s Bathroom Grab Is Like School Segregation and Jim Crow

President Obama’s transgender bathroom access isn’t about transgenders, and it isn’t about bathrooms. It’s about Federal power over every aspect of our lives, by decree and by use of force to compel us to live as one man in Washington pleases. Obama is about to segregate schools, separating the well-funded, transgender-friendly ones from the funding-starved ones that refuse to comply with his bathroom grab.

Listen, I understand that people have different opinions about who should use a men’s room or a ladies’ room. We’ve spent a lot of time discussing the whole idea here at The Resurgent, and there’s no complete consensus of opinion, other than the facts. The facts are that boys are boys and girls are girls by biological certainty. Aside from true biological hermaphrodites (of which there are likely less than 3,000 total in the U.S.), plumbing determines whether a person can successfully use a urinal.

The discomfort occurs when someone previously known as a male decides to impersonate a female without changing the plumbing (or vice versa). Especially when that person was, up to 24 hours ago, dressing, acting, and walking as a male, and now they’re in a dress and high heels. It’s weird and distressing, but our government seems not to care about the distress everyone else suffers, only the distress of this person seeking to use the ladies’ room to pee standing up over the bowl. Or the teenage girl looking for a place to discard her tampon in the boys’ room.

Thankfully, this does not happen often. It’s rare enough that the total number of people afflicted with this particular distress (some doctors call it a mental disorder) is somewhere around the population of Montana. (Not to be unfair to Montana or to suggest that all transexuals can go live there; it’s also about the population of Rhode Island.)

So, many parents feel they can just ride this one out and, as one parent put it “keep her head in the sand and not deal with it.” Fair enough. My wife and I simply told our soon-to-be first grader that if a girl walked into his school boys’ room, not to go in there, or to leave as soon as he could. We think it’s wrong. Some parents are pulling their kids from public schools, and we can expect to see private school enrollments rise. But private school may offer no protection from Obama’s decree.

And that’s why this is an enormous problem for the American republic.

Obama used a federal law passed in 1972, Title IX, which was written to prevent discrimination against women, to compel schools to offer transsexual access to restrooms. I am 100 percent certain that the lawmakers in 1972, and President Nixon, who signed the bill into law, did not have this in mind. So the first problem is that the president has decided for himself how to interpret laws written well before his term (not the first, or even second time he’s done this).

The second problem is that the federal government will compel compliance with this bathroom “guidance” not by using the courts, or by criminalizing not offering transsexuals access to the restroom of their choice. It’s much more pernicious than that. They will use the power of the purse (which is Constitutionally reserved to Congress) by withholding billions of dollars of federal education dollars from schools that don’t comply.

That’s your kids’ school, my kids’ school, public schools, private schools, schools that get USDA reduced price lunches (including church schools, even daycares). Obama has resorted to pre-integration “separate but unequal” policies, but instead of race, he’s applying it by religious status and worldview.

If any state enacted such a caste system for schools, the federal courts would be slapping injunctions like a meter maid in a fire lane. But the federal government operates in its own rule-by-fiat world.

At least eleven states are fighting back. Texas, Alabama, Arizona, Georgia, Louisiana, Maine, Oklahoma, Tennessee, Utah, West Virginia and Wisconsin have joined a lawsuit accusing the Obama administration of “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.”

Texas Attorney General Ken Paxton announced the lawsuit.

The Obama Administration is attempting to rewrite Congress’s use of the term “sex” in federal law to now expand to include “gender identity.” If successful, this radical change opens up all intimate areas within schools simultaneously to members of both sexes. Texas is joined by 10 other states in pushing back against enforcement of these unconstitutional rules.

If the current president can successfully redefine a word like “sex” in federal law, what can the next president do? Maybe redefine “citizen,” or “mother,” or “father.” There’s really no limit to the damage this could do to our republic. Not only that, but by tying federal funding budgeted by Congress and administered by executive agencies to compliance with “guidance” based on these definitions, the imperial president can blackmail any class of Americans to comply or suffer insurmountable tragedy.

Even liberals should oppose this kind of centralized power, because it could very easily be used to rob them of their own liberty. African Americans spilled blood and suffered jail to win the right to attend the best schools along with white people and overturn segregation. Attorney General Loretta Lynch compared transgender bathroom access to that fight against Jim Crow.

Clarence Henderson, one of the students who occupied the lunch counter at Woolworth’s in Greensboro, N.C. in 1960 took issue with her.

During the Jim Crow Era, we stared down the nozzle of firehoses, felt the piercing bite of police dogs, dangled from trees after being strung up by an angry mob, all because of the color of our skin. Our businesses were burned, churches bombed, communities destroyed, all because of the color of our skin. We had to drink at separate water fountains, shop at different stores and even had to sit at the back of the bus, all because of the color of our skin. All this and more took place after enduring 400 years of arguably the most heinous crime in history – slavery.

In comparison, transgender individuals do not have to fight dogs, can shop anywhere and can use any water fountain. They are free to work, shop and ride the bus. And to my knowledge, they have not experienced 400 years of slavery and the ongoing fight for parity 151 years after emancipation.

The Obama administration, with this bathroom power grab, is pulling out the threads to unravel all those civil rights activists fought for. This is Jim Crow all right, but not by the people of North Carolina; it’s Jim Crow by a vengeance-obsessed Obama administration drunk with its own power.

About the author

Steve Berman

The old Steve cared about money, prestige, and power. Then Christ found me. All at once things changed. But the Holy Spirit produces this kind of fruit in our lives: love, joy, peace, patience, kindness, goodness, faithfulness, gentleness, and self-control. There is no law against these things!

I spent 30 years in business. Now I write and edit. But mostly I love. I have a wife and 2 kids and a dog and we live in a little house in central Georgia.

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