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.