I noted here last month that several agencies of the Obama Administration were reviewing funding to North Carolina in light of its recently enacted law prohibiting people from using public restrooms of the opposite sex. Yesterday, President Obama's "Justice" Department threatened to deny federal education dollars to North Carolina unless the state repeals the law.
In a letter to Republican Governor Pat McCrory, Principal Deputy Assistant Attorney General Vanita Gupta said North Carolina's common sense measure violates Title VII of the Civil Rights Act of 1964, which bars discrimination on the basis of sex in the workplace, and Title IX of the Education Amendments of 1972, which prohibits discrimination in education on the basis of sex.
But neither of these statutes operates to protect the delusions of those mentally ill (they suffer from gender dysphoria) persons who believe that their sex is other than what their anatomy indicates.
The Civil Rights Act of 1964 prohibits discrimination based upon race, color, religion, sex, or national origin; it does NOT cover, as protected categories, sexual orientation or gender identity. There have been numerous attempts, all failed, to expand the law to protect sexual orientation and gender identity, starting as far back as 1974 with what became ENDA, the Employment Non-Discrimination Act. The latest attempt is the Equality Act, rolled out last year, which would amend the 1964 Act to ban discrimination on the basis of "LGBTQ" (the "T" apparently standing for transgendered). Last November, the Obama Administration announced that it backed the "Equality Act," which indicates that the Obama Administration is acutely aware that, as it stands now, the law does not bar "discrimination" against those mentally ill persons who think they are of the opposite sex.
As we have noted here previously, Title IX protects women from discrimination by universities. As a practical matter, (since no non-Muslim in America wants to prevent women attending college or university) the law has only been used to try to roughly equalize funding of athletic programs.
But two years ago, the Obama Administration announced that henceforth they would interpret Title IX to prohibit discrimination not only on the basis of sex, but also on the basis of sexual orientation, gender identity, immigration status, and disability. With astonishing lawlessness, they simply re-wrote the statute as they would prefer it to read, in obvious and blatant violation of Article I of the United States Constitution, which restricts to Congress the prerogative to write and pass legislation.
As Joseph Backholm, director of the Family Policy Institute of Washington, notes, "They’re making stuff up. Title IX was created to give women legal opportunity equal to that of men,” he said. “Now, apparently, the Justice Department is trying to argue that Title IX makes it illegal for women to have spaces reserved only for women. There’s no rational way to say that that is consistent with the legislative intent of Title IX.”
With the same casual contempt for law, the Obama Administration has issued a memorandum interpreting--effectively rewriting--Title VII of the Civil Rights Act of 1964 to protect homosexuals and transgendered dysphorics. As noted above, the Obama Administration knows full well that the law currently does not indulge the whimsies of the "transgendered," and that something like ENDA or the "Equality Act" would be necessary to amend it to do so. But Obama and his coterie of Leftist radicals, who now, after seven years of Obama, infest the federal government at the highest levels, do not intend to be bound by the law. Leftist utopian idealogues have never been very scrupulous about law. When you're creating the perfect society (as radical Leftist utopian idealogues think they are) you'll often have to break some laws, just as you have to break some eggs when you make an omelette.
Obama operates "the Chicago way," meaning according to a gangland ethic of intimidation. He knows the law does not read the way he wants it to read, but he is going to try to crush North Carolina anyway. North Carolina can vindicate itself in the courts, but litigating against the federal government, with its unlimited resources, is ruinously expensive and time consuming, as Obama well knows. By the time an appellate court gets around to rebuking the administration's lawlessness, Obama will have been out of office for two or three years, and North Carolina will be out millions in attorneys' fees. They may also have had their federal funds temporarily held back, possibly for years, creating a budgetary emergency.
Sadly, this high-handed lawlessness has become standard operating procedure during the last three years of Obama's administration. He unconstitutionally re-writes substantive law (on immigration and many other areas) and dares Congress to de-fund his illegal actions. But Congress will not withhold a penny because it knows Obama's allies in the media will blame Congress for the resulting government "shut down" (in which the government remains 85% open and operating). So Obama has effectively been able to jettison Article I of the constitution, and re-write (and selectively enforce) laws at his discretion. In 2010 and 2014, the people elected a Republican Congress to stop Obama, but that Congress, fearing the blame for a "government shut down," has been utterly supine. The resulting rage of the Republican electorate explains why the 2016 Republican presidential nomination race became a contest to see who could most bitterly rebuke the Republican establishment, with New York real estate billionaire Donald Trump edging out Texas senator Ted Cruz for that honor.
I have no good news to report. American government is destined to become more and more lawless and oppressive, as it maniacally pursues an agenda of rebellion against the divinely-created sexual order in favor of grotesque, man-made sexual confusion. The persecution of those who, like Dr. Eric Walsh, try to cling to the biblical model of human sexuality will become ever fiercer and more satanic.