Bypassing the people, and the states, and the courts, President Obama is once again exercising executive authority to enforce his will and a leftist vision on America. Not under threat of law, but threat of cut funding. The New York Times reports tonight that the President will issue a “decree” ordering all public schools in the country to allow “transgender students” to use the bathroom and locker room of their choice.
The letter to school districts that will go out Friday describing what they should do to ensure that none of their students are discriminated against, signed by officials of the Justice Department and Department of Education, 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.
That’s right, the threat is that the President will put at risk the quality of education for students in school districts that do not comply with his whims. The Times predicts that “Republicans” may object that “the federal government is wading into local matters and imposing its own values on communities across the country.” Gee, ya think?
The Times has copy of the letter from which they pull this excerpt:
“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.
So they cannot be required to use the bathroom of their genetic, physical gender, and moreover, cannot be required to use private or individual bathrooms which would avoid everyone’s discomfort. The decree is that if you’re a 12 year old girl, there may be a penis next to you in the bathroom. But don’t you dare complain.
Seriously, don’t bother to complain. The letter says your concerns don’t matter one bit. That’s not my interpretation, it literally says that. It states that schools are required to comply “even in circumstances in which other students, parents, or community members raise objections or concerns.” So, you know, tough luck.
How is all of this sorted out?
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.
Your concerns matter so little that the school is not even required to allow you a private option. As is the case with Target – and pretty much with every liberal idea under every possible circumstance in any location anywhere – the will, the privacy, the comfort, the concerns, and even the safety of the vast and overwhelming majority is of literally no consequence in the face of a supposedly aggrieved identity group.
This is bald abuse of power. Naked bullying, literally. But it doesn’t matter. What you think doesn’t matter. Not to the left, and not to President Obama.
It never has.