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May 17, 2016

Bathroom War Shows Federal Government is No Longer Limited




I think North Carolina's bathroom war is starting to make people think about the amount of power the federal government has gathered into the executive branch and its regulatory agencies. The US Justice Department and President Obama have ordered North Carolina to repeal a law that requires people to use the bathroom assigned to the gender on their birth certificate.  The Administration wants to accommodate transgender people, people who were born boys but identify as girls or vice versa.  The Feds say you should be able to go to the bathroom of the sex you identify with.

I never knew that taking a walk down the hall was engaging in interstate commerce that needed to be regulated by the Feds! Or that the 14th Amendment's Equal Protection Clause, as implemented in the Civil Rights Act of 1964, was really all about bathroom choice! I am such a cave man. No wonder the Feds have to take care of people like me for my own good.

Bathroom wars are an illustration of how liberal jurisprudence works. Nothing in the 14th Amendment, passed in 1868, says anything about sexual orientation. It's about making sure that free blacks, especially recently freed black slaves, are not mistreated in state courts. The Civil Rights Act of 1964 was intended to do a lot of things. Among others, it was intended to end racially segregated bathrooms. It was not intended to end sexually segregated bathrooms. If it had been explained to Congress that if you pass this act, bathrooms will no longer be sexually segregated, do you think it would have passed? Congress has considered transgender legislation several times. It has never passed. How can the Attorney General threaten North Carolina over a state law based on a regulation that Congress refused to pass as a law? 

Let’s be clear about this.  I don’t care about the issue itself that much.  I think both sides are pushing things to extremes.  I would be comfortable with a don’t ask, don’t tell, don’t show policy.  But the way the federal government is reaching into grade school bathroom regulation bothers me a lot.  There’s no basis in the Constitution that gives the Feds the power to regulate local school bathrooms.

The federal government was not supposed to be able to control local laws from Washington, DC, The fact that it can, without any hindrance from the courts, should explain to everyone why liberals are not fit to be judges in federal courts, especially the Supreme Court. Liberal judges believe in their cause so completely that they are not bound by the law. They redefine the law to make it come out the way they think it should be. They don't care if you vote for it or not.


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