BREAKING: Supreme Court Gives Neil Gorsuch Time to Get There Before Hearing the Transgender Case

The Trump Administration withdrew an Obama Administration opinion that would have mandated public schools allow boys into the girls’ bathroom. This has given the four conservatives on the Supreme Court time to allow Neil Gorsuch to get there. The Supreme Court sent the case back down the chain to the court of appeals to review Title IX in light of the Trump Administration’s decision.

This is important because the court of appeals had ruled in favor of the girl who thinks she is a boy. The Supreme Court’s decision vacates the court of appeals decision, handing common sense and science a victory.

No doubt the matter will come back to the Supreme Court, which by then will have Neil Gorsuch on the Court. I suspect the decision would have otherwise been 4 to 4 and John Roberts worked his Chief Justice magic.

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.

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Crony Capitalist Donald Trump Doesn’t Mind People Trumping Bathroom Privacy

During a presidential town hall event on NBC’s Today this morning, Donald Trump said transgendered individuals have the right to use any restroom they want.

“Oh, I had a feeling that question was going to come up, I will tell you. North Carolina did something that was very strong. And they’re paying a big price. There’s a lot of problems,” said Trump. “Leave it the way it is. North Carolina, what they’re going through with all the business that’s leaving, all of the strife — and this is on both sides. Leave it the way it is.”

“There have been very few complaints the way it is. People go. They use the bathroom that they feel is appropriate,” Trump said. “There has been so little trouble. And the problem with what happened in North Carolina is the strife and the economic — I mean, the economic punishment that they’re taking.”

I wonder how soon Trump will change his position on this issue as he did with abortion…Time will tell.

Like other answers on important issues, Donald Trump demonstrates he has a vague understanding of policies, their nuances, and their ramifications. He clearly doesn’t pay attention to detail nor has he taken principled positions unless they become profitable for him or win him points among voters.

Trump once again demonstrates he doesn’t know the issue at hand

Donald Trump has demonstrated he lacks the intellectual fortitude to comprehend and speak clearly about important policy issues. Remember when he switched his position on abortion five times over the course of three days? Expect him to do the same with this issue.

With respect to this North Carolina bill, he demonstrates laziness on the issue by failing to grasp the nuances surrounding it. The so-called “controversial” gender-restrictive bathroom bill, or H.B. 2, was signed into law by North Carolina Governor Pat McCrory (R) in late March after it passed in the North Carolina House by a 83-25 vote and in the Senate by a 32-0 vote. The bill does not ban gender neutral bathrooms. Instead, it permits localities to put gender-restrictive bathroom bans in place.

Ryan T. Anderson of Heritage Foundation recently set the record straight on the bill regarding what it seeks to accomplish:

First, it says that private schools, restaurants, stores, and businesses are free to establish whatever bathroom policies they’d like, but that access to government bathrooms will be determined primarily by biological sex.

Second, it says that North Carolina will have one set of regulations for the entire state when it comes to employment and public accommodation, rather than additional piecemeal regulations city by city.

Trump is a crony capitalist, so he’s fine with any form of cronyism

The Donald said North Carolina will suffer “bigly” if this ban goes into effect. His view on this issue, however underdeveloped, shouldn’t surprise Americans. He would side with big business boycotting North Carolina because he too has employed similar bully tactics during his illustrious business career.

Again, I defer to Heritage Foundation’s Ryan T. Anderson who diagnosed this trend as “cultural cronyism”. He wrote, “Big businesses use their outsized market share to pressure government to do their bidding at the expense of the will of the people and the common good. And, hypocritically, the left cheers it on.”

Trump ignores problems arising with these bathrooms

Trump said in the interview he isn’t aware of any problems surrounding these controversial bathrooms–that there’s “so little trouble” with these bathrooms.

There are already numerous incidents pointing to the problem with these proposed transgender-friendly bathrooms.

Rape survivor Kaeley Triller wrote in the Federalist last year how these bathrooms invite guys who exploit the transgender label to get close to women. She wrote, “There are countless deviant men in this world who will pretend to be transgender as a means of gaining access to the people they want to exploit.”

A recent case in Seattle, Washington, already proves that transgender bathrooms invite creeps and similar invalids to harass women and children. In February, a man wearing board shorts entered a women’s locker room citing the new ordinance in place. Women complained about him undressing there to the police, so they immediately removed him.

These are countless problems set to arise from transgendered bathrooms, but the Don doesn’t seem to care or have problems with it presently. But don’t expect him to keep this position for he will likely change it not once, not twice, not three times–but more!

The conservative movement cannot afford to have this New York leftist at the helms of our cause. Coronating him for the GOP nomination will ensure a Hillary win in the general election. We can’t afford that.