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Washington DC and The Holy Land>Obama to issue decree on transgender bathrooms
scho63 07:52 PM 05-12-2016
King Obama makes rules :-)

http://www.nytimes.com/2016/05/13/us...ooms.html?_r=0

WASHINGTON — The Obama administration is planning to issue a sweeping directive telling every public school district in the country to allow transgender students to use the bathrooms that match their gender identity.

A letter to school districts will go out Friday, fueling a highly charged debate over transgender rights in the middle of the administration’s legal fight with North Carolina over the issue. The declaration — signed by Justice and Education Department officials — will describe what schools should do to ensure that none of their students are discriminated against.

It does not have the force of law, but it contains an implicit threat: Schools that do not abide by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid.

The move is certain to draw fresh criticism, particularly from Republicans, that the federal government is wading into local matters and imposing its own values on communities across the country that may not agree. It represents the latest example of the Obama administration using a combination of policies, lawsuits and public statements to change the civil rights landscape for gays, lesbians, bisexual and transgender people.

After supporting the rights of gay people to marry, allowing them to serve openly in the military and prohibiting federal contractors from discriminating against them, the administration has made bathrooms its latest battleground.

“No student should ever have to go through the experience of feeling unwelcome at school or on a college campus,” John B. King Jr., the secretary of the Department of Education, said in a statement. “We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence.”

Courts have not settled the question of whether the nation’s sex discrimination laws apply in matters of gender identity. But administration officials, emboldened by a federal appeals court ruling in Virginia last month, think they have the upper hand. This week, the Justice Department and North Carolina sued each other over a state law that restricts access to bathrooms, locker rooms and changing rooms. The letter to school districts had been in the works for months, Justice Department officials said.

“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,” according to the letter, a copy of which was provided to The New York Times.

A school’s obligation under federal law “to ensure nondiscrimination on the basis of sex requires schools to provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents, or community members raise objections or concerns,” the letter states. “As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.”

As soon as a child’s parent or legal guardian asserts a gender identity for the student that “differs from previous representations or records,” the letter says, the child is to be treated accordingly — without any requirement for a medical diagnosis or birth certificate to be produced. It says that schools may — but are not required to — provide other restroom and locker room options to students who seek “additional privacy” for whatever reason.

President Obama during a news conference at the White House last week. Credit Zach Gibson/The New York Times
Attached to the letter, the Obama administration will include a 25-page document describing “emerging practices” that are already in place in many schools around the country. Those included installing privacy curtains or allowing students to change in bathroom stalls.

In a blog post accompanying the letter, senior officials at the Justice and Education departments said they issued it in response to a growing chorus of inquiries from educators, parents and students across the country, including from the National Association of Secondary School Principals, to clarify their obligations and “best practices” for the treatment of transgender students.

“Schools want to do right by all of their students and have looked to us to provide clarity on steps they can take to ensure that every student is comfortable at their school, is in an environment free of discrimination, and has an opportunity to thrive,” wrote Catherine E. Lhamon, the assistant secretary of education for civil rights, and Vanita Gupta, head of the Justice Department’s Civil Rights Division.

Thomas Aberli, a high school principal in Louisville, Ky., said the new guidance would help administrators across the country who are trying to determine the best way to establish safe and inclusive schools. He said his school had little to work with when it drafted a policy that was put in place last year.

“What you don’t do is go and tell a kid, ‘You know, there is something so freakishly different about you that you make other people uncomfortable, so we’re going to make you do something different,” said Mr. Aberli, who estimated that his school of 1,350 students had about a half-dozen transgender children. “There’s been no incident since its implementation. It’s really just a nonissue in our school.”

The White House has called North Carolina’s law “meanspirited,” and said this week that federal agencies were continuing a review of their policies on the treatment of transgender people while the administration waged its legal battle with the state.

President Obama condemned the law last month, saying it was partly the result of politics and “emotions” that people had on the issue.

“When it comes to respecting the equal rights of all people, regardless of sexual orientation, whether they’re transgender or gay or lesbian, although I respect their different viewpoints, I think it’s very important for us not to send signals that anybody is treated differently,” Mr. Obama said at a news conference in London.

The struggle over the rights of transgender people has reverberated on the presidential campaign trail and become a defining issue in the final year of Mr. Obama’s tenure, prompting boycotts of North Carolina by some celebrities and businesses that had planned to create jobs there. The fresh guidance to be issued on Friday seemed certain to intensify that debate, and showed that Mr. Obama and his administration intend to press the issue of transgender rights aggressively as the legal challenge unfolds.

The Justice Department has for years made gay and transgender issues centerpieces of its civil rights agenda. Former Attorney General Eric H. Holder Jr. described that campaign as a continuation of the civil rights era that brought equal rights to African-Americans. And this week, Attorney General Loretta E. Lynch, spoke passionately to transgender people as she cast the lawsuit against North Carolina in historic terms.

“We stand with you,” she said. “And we will do everything we can to protect you going forward. Please know that history is on your side.”

Some Republicans have defended North Carolina’s law by arguing that it would be inappropriate to allow transgender women to use the same bathroom as young girls. Before ending his presidential bid last week, Senator Ted Cruz of Texas charged that Donald J. Trump, the presumptive Republican nominee, and Hillary Clinton, the likely Democratic nominee, “both agree that grown men should be allowed to use the little girls’ restroom.”
[Reply]
Direckshun 10:54 PM 05-12-2016
Originally Posted by Aries Walker:
He's not making new law here (it even says so in the article), but instructing government agents how to enforce it. That's kind of his job.

No problems here.
Jesus Christ, this.

What the hell is wrong with people.
[Reply]
petegz28 10:56 PM 05-12-2016
Originally Posted by DaneMcCloud:
How would you even know if there's a TG person using a different restroom?

It's not like they have a sign or are tagged.

JFC, I've met several TG's and had no freaking idea until it was mentioned much later.

They're not Freak Show Clowns or Phyllis Diller impersonators and IF they are, they're in WeHo, not NC.
What about the ones that aren't so passable?
[Reply]
Taco John 11:01 PM 05-12-2016
Why does anyone think this is an issue for the federal government?
[Reply]
Taco John 11:03 PM 05-12-2016
A letter to school districts will go out Friday, fueling a highly charged debate over transgender rights in the middle of the administration’s legal fight with North Carolina over the issue. The declaration — signed by Justice and Education Department officials — will describe what schools should do to ensure that none of their students are discriminated against.

It does not have the force of law, but it contains an implicit threat: Schools that do not abide by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid.


The sooner we abolish the Department of Education, the better.
[Reply]
Aries Walker 11:03 PM 05-12-2016
Originally Posted by scho63:
This is another law that is being expanded and interpreted from one group to include people and rewrite a law for people who were never included in the law or expand what the law was designed for.

If there needs to be a new federal law, rewrite or rider to attach to this law, so be it but don't tell me that this law pertains to NC laws because it doesn't.

More Obama social engineering and creating laws or mandates that don't exist.
My advice to you is to vote for someone who agrees with you, or run yourself under that banner.

Good luck.
[Reply]
Direckshun 11:56 PM 05-12-2016
Originally Posted by Taco John:
Why does anyone think this is an issue for the federal government?
It concerns the rights of a class of people. Far as I know, transgendered folks don't change from state to state, so they should be treated the same everywhere.

If any issue concerns the federal government, it's that one.
[Reply]
smith11 12:33 AM 05-13-2016
Originally Posted by scho63:
Oh really? :-)

This is the law? The White House has called North Carolina’s law “meanspirited"
mean people suck:-)
[Reply]
GloryDayz 06:42 AM 05-13-2016
Originally Posted by BigRedChief:
The civil rights of American citizens outweighs any possible fear others may have of them.
Every unborn baby looking a the business end of a vacuum wishes this was applied equally because they know the mere "fear" of a mother is about to result in their body being ripped apart limb by limb. And that baby's right, I think, are well covered by the "life, liberty, and the pursuit of happiness" part of our American cookbook.

So..... Again...... We'll dispense with common sense and like 'humanity' did back then brought-in scientists to determine when a human is "viable" (that made no sense when a practical test of the same measures were applied for other stages) and claim that it's not a human before some arbitrary point in its development; now we'll bring in other scientist to determine when your cock or twat if for realz or for fake..

Perhaps the determination between guy/girl should be determined by this test: if you make swimmers you're a guy, if you make eggs you're a girl. If you make both you're special.
[Reply]
Coyote 07:11 AM 05-13-2016
“It does not have the force of law, but it contains an implicit threat: Schools that do not abide by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid.”
It is this selective interpretation and enforcement of federal laws that is inconsistent with the equal protection clause and due process (5th and 14th Amendments. Feds must comply: Bolling vs. Sharpe (1954)) as well as inconsistent with the Presidential and all federal employees oaths that is a principle here. So you have a lawyer’s argument of spirit vs letter of the law as well as interpretations of words. “Depends upon what the meaning of is is.” The administration is stretching the meaning of “sex” in Title IX to include “gender identity.”
While the administration is choosing to threaten states, cities, counties, school boards, etc. for a different interpretation of Title IX “sex” by withholding federal funds, they are doing precisely the opposite by not enforcing federal laws in other state and local areas of policy/law that they agree with: “Sanctuary” cities, counties, states, etc. and marijuana (medical or recreational) for example.
[Reply]
Lex Luthor 07:31 AM 05-13-2016
I have been as big a defender of LGBT rights as anyone on this forum. I think North Carolina HB2 is a terrible piece of legislation, and I think the only reason states are passing bullshit laws like that are to lash out at the gay community as payback because they are pissed off that the Supreme Court ruled that gays have the right to marry.

Having said all of that, I am completely and utterly horrified at this decision by Obama. Obama saw a smoldering fire, and he decided to throw a mixture of gasoline and nitroglycerin on it. This is NOT the way to go about effecting changes in people's attitudes.

Obama seems determined to start a civil war over this. He is a complete moron and a ****ing disaster as President.
[Reply]
Donger 07:38 AM 05-13-2016
Originally Posted by DaneMcCloud:
How would you even know if there's a TG person using a different restroom?

It's not like they have a sign or are tagged.

JFC, I've met several TG's and had no freaking idea until it was mentioned much later.

They're not Freak Show Clowns or Phyllis Diller impersonators and IF they are, they're in WeHo, not NC.
I think that's a good point. It's the knowing or not knowing part. Get the job done right, and there's no issue.
[Reply]
Katipan 07:41 AM 05-13-2016
The kid has to stand up in front of strangers and talk about his or her penis and or vagina for the right to use a certain bathroom. Then the kid has to stick to the script or endure far worse hazing from others. I'd even worry about bodily harm for changing back.

Really doesn't sound like fun. But if they're willing to do all that, they can listen to my kids blow ass all they want.
[Reply]
Donger 07:44 AM 05-13-2016
Question: what are the minimum requirements for being one of these newly protected people? Just a statement that "I identify as a girl now" or vice versa?
[Reply]
stevieray 07:44 AM 05-13-2016
"loss of federal aid"

....funny how this always gets trotted out.
[Reply]
GloryDayz 07:57 AM 05-13-2016
Originally Posted by Donger:
Question: what are the minimum requirements for being one of these newly protected people? Just a statement that "I identify as a girl now" or vice versa?
I think that's the problem... Even if they try to make a rule it'll get ripped to shreds because "rules" are what the original issue was evidently.

Interesting times.
[Reply]
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