HB2 Privacy and Safety Issue Open Borders to Open Bathrooms

 FROM OPEN-BORDERS TO OPEN-BATHROOMS,

THE FEDERAL GOVERNMENT IS WREAKING HAVOC IN OUR COMMUNITIES.

 

HERE’S A SUMMARY OF THE CHAIN OF EVENTS THAT HAS LED US HERE TODAY ….APPEALING TO OUR LOCAL SCHOOL BOARD AND EDUCATORS TO DEFEND THEIR AUTHORITY TO MANAGE LOCAL SCHOOL POLICY AND AFFIRM THE STATE OF NORTH CAROLINA’S RIGHT TO ADMINISTER ITS PUBLIC SCHOOLS IN ACCORDANCE WITH STATE, NOT FEDERAL LAW.

 

WHAT STARTED IT ALL….

 

Note:  Before this action by the Charlotte City Council, there was no public controversy or conflict in the state of North Carolina regarding the use of public bathroom facilities. 

 

Then, in In February 2016, the Charlotte City Council adopted an ordinance that created a right for persons who identify (or choose to express themselves) as members of the opposite sex. This included the right to access locker rooms, showers, and bathrooms and other facilities normally reserved for members of the opposite biological sex. In addition, the city’s elected officials mandated that all private businesses that serve the public to abide by its expanded nondiscrimination policy, to include gender identity and gender expression.

 

Effectively, this was local government dictating bathroom use policy to private business.  Signs designating MEN and WOMEN were to be torn down and replaced with something like this.

 

 

WHAT HAPPENED NEXT …. 

 

In response to the Charlotte Ordinance, the North Carolina Legislature held an emergency session a month later and quickly sent a bill repealing the Charlotte ordinance — and prohibiting ones like it — to McCrory’s desk. McCrory’s signature prompted a national backlash from the gay community, businesses such as PayPal and celebrities including Bruce Springsteen.

 

 

AND THEN…..

 

Attorney General Loretta E. Lynch announced on May 9th, 2016  that the Justice Department  filed a complaint against the state of North Carolina, the University of North Carolina (UNC) and the North Carolina Department of Public Safety (DPS) alleging that they are discriminating against transgender individuals in violation of federal law as a result of the state’s compliance with and implementation of House Bill 2 (H.B. 2).  H.B. 2 requires public agencies to treat transgender individuals, whose gender identity does not match the sex they were assigned at birth, differently from similarly situated non-transgender individuals.

 

On Friday May 13, 2016, President Obama’s Department of Justice (DOJ) and Department of Education (ED) issued a letter of joint guidance on transgender bathroom access for America’s school system. Using Title IX of the Education Amendments of 1972, the Obama administration is reinterpreting discrimination against “sex” to include “gender identity.” The new guideline directs any educational institution which receives federal funds to allow transgender students to use bathrooms and locker rooms that correspond to their gender identity, rather than their birth certificate.  

 

Unlawfully Rewriting Law: Biological sex and gender identity mean two very different things. When Congress passed the Education Amendments back in 1972, the purpose was to protect women and girls from discrimination based on sex and ensure equal opportunity in education programs. The Obama administration has no right to unlawfully rewrite federal law in order to advance its own liberal social agenda in the wake of transgender bathroom disputes, most notably in North Carolina.  

 

Violating Federalism: All across the country, state and local governments are working with parents, teachers, and school districts to determine how best to accommodate the privacy and safety of transgender students along with those students who feel uncomfortable going to the bathroom and changing with the opposite sex. For example, many schools have created new single-occupancy bathrooms and changing facilities for transgender students. The Obama administration’s decision to unilaterally impose a one-size-fits all policy for every school in the country undermines the ability of state and local governments to enact and enforce policy that’s best for their communities.

 

Bad Policy: Sex-specific bathrooms and locker rooms were created for a legitimate reason. Allowing boys who identify as girls to have unfettered access to girls’ bathrooms, locker rooms, shower facilities, and dorm rooms violates the privacy and safety of women. Sex-specific bathrooms serve a valid purpose of protecting the privacy and safety of girls and women, especially those who have been sexually abused.

 

Frequently Asked Questions:

 

How will President Obama enforce the guidance?

The joint guidance issued by the DOJ and ED does not have the force of law, though activist courts may interpret it as such, leaving schools under immense pressure to comply. President Obama is attempting to bully state governments into compliance by threatening to strip schools of federal funding. Until the guidelines are upheld by the courts, schools should refuse to comply with President Obama’s overreach.

 

What schools are affected by the guidance?

If the courts uphold the President’s guidelines, all schools, including colleges, universities, trade schools – public, private, and charter – that receive federal funding will have to comply or lose their federal funds. This could have significant negative repercussions on the school choice movement as well.

 

How does the federal government define “gender identity?”

 

According to the Obama administration’s guidelines, “Gender identity refers to an individual’s internal sense of gender.” Furthermore, a “school may not require transgender students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate or other identification document before treating them consistent with their gender identity.” Essentially, a student is transgender if and when they say they are.

 

Can schools provide separate bathrooms and locker rooms for transgender students?

No. The Obama administration explicitly rejects compromises including single-occupancy facilities. According to the guidelines, “A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so.”

 

Do these guidelines apply to housing policy as well?

Yes. Separate accommodations for transgender students are not permitted. This applies to campus housing and hotels for off-campus trips as well, “A school must allow transgender students to access housing consistent with their gender identity and may not require transgender students to stay in single-occupancy accommodations.”

 

What can be done to reverse the DOJ/ED guidance on transgender bathrooms?

Congress can actively push back against President Obama’s overreach by passing legislation clarifying that for the purpose of all federal law, “sex” does not mean “gender identity” or passing legislation that “sex” does not mean “gender identity” for the purpose of Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1968. Congress can also defund the guidance by attaching a defund rider to an appropriations bill(s) that stops the DOJ/ED from using federal funds to enforce the guidance.

 

 

Sources:  Facts contained herein are from various news stories and from the Heritage Action Sentinel website.  The creator stands by the accuracy of the content.