In 1972, Congress passed Title IX, a portion of the United States Education Amendments that states No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
When it passed the notion of “gender identity” didn’t exist. “The basis of sex” was understood to be male vs. female.
But now that very fundamental difference is being muddied while advocates work to legislate gender out of existence. Think that’s crazy? Think again.
As Breitbart reports, A Federal Circuit court ruled [yesterday] that a local Virginia school board violated the law by not allowing a girl to use the boys’ restroom.
If the convoluted decision survives, according to the judge who opposed the two-to-one decision, schools “could never meaningfully provide separate restrooms and locker rooms on the basis of sex … [and] privacy concerns would be left unaddressed.” The decision is “illogical and unworkable,” Judge Paul Niemeyer said.
In G.G. v. Gloucester Country School Board, the 2-1 court determined that the school board discriminated “on the basis of sex” in violation of Title IX.
Title IX explicitly bans discrimination based on sex, but the Department of Education told the school district last year that discrimination based on the new idea of “gender identity” is the same as discrimination based on biological sex.
Specifically, the policy was imposed via an agency letter — not a regulation — in which officials say, “When a school elects to separate or treat students differently on the basis of sex … a school generally must treat transgender students consistent with their gender identity.”
Here’s the background to the story.
G.G. is a young girl who announced not long ago that she is a boy and had always felt like a boy. Her parents allowed this to proceed, and the School District allowed her use a private bathroom that was also open to all other students. The girl said this caused her anxiety and she demanded use of the boys’ restroom.
G.G. took her case to court and lost, but then appealed to the Fourth Circuit and won. What a surprise. The majority was led by Judge Henry Floyd, an Obama appointee.
“Birth-assigned sex” is one of the main arguments of the trans-ideology — that science is trumped by desire, that no one is biologically male or female, and that people can create our own “gender identity.” Some advocates of this new creationism even argue that sex should be left blank at birth so each child may more easily create their own gender identity.
I understand there is a percentage – a very small percentage – of people who are born feeling they’re trapped in their bodies and their wiring doesn’t match their plumbing. As adults, they are free to remodel their bodies and their lifestyle as they wish.
I don’t care how you want to crunch the numbers, but they are not the norm. For thousands and thousands of years humans have had defined sexual characteristics because that’s how we reproduce. We are not evolving into asexual sea cucumbers.
The driving force behind the 19th Amendment, Title IX and other statutes was to eliminate discrimination based on biological sex, not redefine it all together. I am horrified that a tiny minority of activists in this nation is working to fundamentally change the majority definition of what it means to be a human being.
And I am further horrified this is being forced on children without the consent of their own parents.
But this is Obama’s America. And thank God his term is about to end.
[Note: This article was written by Michele Hickford]