Blog Post — DOJ Reinterprets Law and Targets North
Carolina – Is This Only the Beginning?
Let’s face it, except in extremely rare cases everyone is born with either male or female genitalia. For a man to think he is a woman or vice versa was considered a mental disorder — until homosexual activists took over the American Psychological Association (APA) in the early 1970’s and even then gender identity disorder was listed as a mental disorder in the Diagnostic and Statistical Manual (DSM). In 2013 all that changed when DSM V removed ‘gender identity disorder’ and replaced it with ‘gender dysphoria’ saying “Replacing “disorder” with “dysphoria” in the diagnostic label is not only more appropriate and consistent with familiar clinical sexology terminology, it also removes the connotation that the patient is “disordered.” Okay . . . so the APA no longer views men who think they are women and vice versa as having a mental disorder – they were simply born that way and we have to celebrate them for “being true to themselves”!
Now since homosexual activists believe they are on the verge of forcing all Americans to celebrate their lifestyle, they have moved on to advancing the transgender agenda. FYI – in an extensive 2012 Gallup Poll, only 700,000 Americans identified as transgender! Yet, almost every day we hear of the attempt to open bathroom doors across America to whomever! Will this be a bridge too far for Americans?
In late March the North Carolina legislature passed, and Governor Pat McCrory signed, HB 2 which would require biological men to use the men’s restroom and biological women to use the women’s restroom. (Who would have every thought this would even be a topic of discussion in the legislative halls of any governing body??) The law simply impacted those agencies that are under the State of North Carolina’s jurisdiction and allowed any company to decide for themselves whether they wanted to open their bathroom doors. This action by the North Carolina legislature was necessary because the city of Charlotte had taken a step which that state’s constitution did not allow them to take – they passed a non-discrimination ordinance with the words sexual orientation and gender identity or expression.
Now Obama’s Department of Justice (DOJ) has warned North Carolina that they better fall in line, rescind the law and open all bathroom doors to whomever because they are violating federal law – specifically Title VII which prohibits an employer from discriminating against an individual on the basis of sex. The letter also mentions Title IX and the US Department of Education’s new interpretation expanding the definition for the word “sex” to include “gender identity.” A DOJ letter was also sent to the University of North Carolina threatening to take their federal education dollars, if they comply with HB 2.
As Governor Pat McCrory noted, “This is no longer just a North Carolina issue, because this conclusion by the Department of Justice impacts every state.”
So . . . is North Carolina violating federal law as it was passed by Congress?
Congress has taken NO action to change Title VII or Title IX of the Civil Rights Act of 1964. That is why Congressional allies of the homosexual/transgender agenda are pushing for the passage of “The Equality Act” which would add “sexual orientation and gender identity or expression” to every component of the Civil Rights Act. HR 3185 and S 1858 were introduced on July 23, 2015 and thus far has not seen any action in either the US House or the US Senate. Thus, the actions by the DOJ are premature because they are simply going by reinterpretations of the law and not actual changes in the law.
On December 15, 2014, then US Attorney General Eric Holder issued a memo to all US Attorneys. In it he says, ” . . . I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status. The most straightforward reading of Title VII is that discrimination “because of … sex” includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex. ” Note there is no mention that Congress has changed the law and thus we must expand civil rights protections to include transgenders because that never happened!
Title IX of the Education Amendments of 1972 states “no person … shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Hmm, the word “transgender” does not appear in that language nor anywhere in Title IX! However, earlier this week U.S. Education Secretary John King said that restrictions on which bathrooms transgender students use “are hateful laws and should be repealed.”
So . . . is opening women’s bathrooms, locker and shower rooms to men and opening men’s bathrooms, locker and shower rooms to women a bridge too far for the average American?
If the Obama Administration can get away with reinterpreting this law, what will the next law be?
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