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Thursday, May 19, 2016

Louisiana & Pennsylvania Join The Great Obama Bathroom War

by JASmius



I'd make the obligatory "Boy, Obama sure has pissed off the country with this bathrroom crap" reference, but this topic is scatologically punny enough as it is.

The substance of that punchline hits the urinal cake, though.  Over last weekend, ten States joined North Carolina and Texas in sending federalist anacondas up the White House sewerpipes.

ARKANSAS:

As Gov., I recommend that school districts disregard @POTUS's “guidance” on gender identification in schools. >>http://governor.arkansas.gov/press-releases/detail/gov.-asa-hutchinson-responds-to-obama-administrations-guidance-on-gender-id 

ALABAMA:

“The Obama Administration’s new guidance document is just one more example of the kind of federal overreach that we have come to expect from this White House,” Strange said in the statement. “School bathroom use is an issue that should be decided by parents, teachers, and principals — not federal bureaucrats.

“The DOJ guidance document is also wrong on the law,” the statement continues. “Title IX allows schools to have separate facilities for separate sexes. The law says ‘sex,’ not gender identity.

“If the Obama Administration tries to enforce this absurd edict, I will work with other Attorneys General to challenge it,” Strange said.

Don't worry, AG Strange, the Pelosi-Schumer Congress will legislatively backfill The One's overreach next year.

KENTUCKY:

In response to Barack Obama's proposed bathroom rules for public schools...
It is difficult to imagine a more absurd federal overreach into a local issue. Under the Tenth Amendment to the United States Constitution, the federal government has no authority to interfere in local school districts' bathroom policies.
The president is not promoting unity. In fact, he is doing quite the opposite. He is intentionally dividing America by threatening to sue or withhold funding fro...
See More

MISSOURI via Lieutenant-Governor Peter Kinder:

“By inserting itself into North Carolina’s lawmaking, the Obama [Inj]ustice[, Revenge & Coverup Commissaria]t is overstepping its authority in violation of the Tenth Amendment to the Constitution. It justifies this overreach by unilaterally redefining federal anti-discrimination law, something only Congress has the authority to do. We saw this on the local level in February when the full force of the federal government was unleashed in a similar way on the city of Ferguson. The DOJ told Ferguson officials they could either accept an agreement the city couldn’t afford, or fight a lawsuit they couldn’t afford.

“Now, Attorney General Loretta Lynch and her DOJ cohorts are threatening action against North Carolina for the ‘crime’ of wanting to designate bathrooms in government buildings for men and women only. If the federal government can force States to bow to its command over bathroom policies, is there anything beyond its reach?

“I stand with North Carolina and Governor Pat McCrory, and I urge Attorney General Chris Koster and Governor Jay Nixon to stand up to this federal abuse of power. This issue goes way beyond North Carolina. It is an unprecedented assault on our privacy and safety. This DOJ will not stop in North Carolina. By targeting this one State, the Obama administration has telegraphed what it intends to do to any State that tries to protect its residents’ right to privacy against a far-left radical agenda.”

West Virginia, Arizona, Kansas, Nebraska, Utah, and Maine also manned the counter-revolutionary barricades.

Today, two more joined them.

LOUISIANA:

Louisiana Attorney General Jeff Landry announced that he would vigorously defend the State and its citizens from unlawful action threatened by the Obama administration’s recent mandate that public schools allow students to use bathrooms and locker rooms of the opposite sex....

"I write to provide information to you and the schools and students you supervise, manage, and/or advise and to reassure you that – as your Attorney General – I will vigorously defend the State and its citizens from unlawful action threatened on the basis of this incorrect interpretation of law. Although the administration’s actions are not legally binding, its actions are certainly not benign – the threat alone to the State or any local entity’s receipt of federal funds pursuant to Title IX not only jeopardizes the safety and well-being public education funding structure. I am currently evaluating further legal actions that may be necessary to protect our State.

"Let me be perfectly clear: Barack Obama and his appointees do not have legal authority to require our children to share locker rooms and bathrooms with children of the opposite sex. More specifically, the federal government cannot change existing law through “unofficial guidance;” cannot impose new conditions in existing programs then restrict continued receipt of funds on these new conditions without the consent of the States; and cannot threaten to revoke funds based upon new and unfounded interpretations of law that are contrary to existing regulations and judicial settled interpretations of Title IX.3 The administration’s legal interpretation has been uniformly rejected by the federal courts.”

Well, actually, AG Landry, that's not entirely true.  Obama can require your children to share locker rooms and bathrooms with children of the opposite sex, can change existing law through "unofficial guidance," can impose new conditions in existing programs that restrict continued receipt of funds on these new conditions without the consent of the States, and can threaten to revoke funds based upon new and unfounded interpretations of law that are contrary to existing regultions and judicially settled interpretation of Title IX, not because he has any legal authority, as you correctly pointed out, but because he has the power to do so.  Severance of power from legal authority is one of the crown jewels of the Obama legacy.  That's why you and all your other State-level colleagues are going to have your Sisyphean work cut out for you, and why you'd all be better off ultimately by simply nullifying O's bathroom edict and learning to do without federal funding, because that's the truncheon he's using against you.

But they'll seek relief from the federal courts instead, of course, jointly or severally, and when it winds its way up to Olympus, Swingin' Justice Kennedy will side with the by-then Rodham White House.

Oh, did I give away more spoilers?  Sorry about that.

PENNSYLVANIA (via its GOP legislators):

We are writing to express our extreme outrage at the legally spurious “Dear Colleague” letter issued jointly by the [Commissaria]t of [Re-E]ducation and the [Commssaria]t of [Inj]ustice[, Revenge & Coverup] on Friday, May 13th, 2016 regarding the use of bathrooms by [gender impersonator]s in public schools....

The “Dear Colleague” letter is an unconstitutional intrusion by the federal government into an area that should be and is legally handled locally by school districts who best know their students and parents. At its core, the letter sacrifices the fundamental privacy rights associated with intimate bodily functions for millions of school students. Plainly, this directive will allow men to go into legally sex-separated bathrooms with young girls. The parents of these young girls are rightly concerned about your policy and its implications for their daughters’ safety.

The fact that this directive mandates a change in already established law under Title IX with no regard for the legislative process is indefensible. It is the duty of Congress to address any changes in statutory law. The letter’s threat to federal funding for public schools which do not comply with this unsupported directive is a deliberate attempt to circumvent the Constitutional legislative process and flies in the face of the very idea of a Constitutional Republic as envisioned by this country’s founders. Art. I. § I of the United States Constitution (“All legislative Powers.. shall be vested in a Congress of the United States.”).

We urge the president to direct that the “Dear Colleague” letter be rescinded immediately.

Wow.  That blistering missive sounds like it could have been lifted almost verbatim from this very site.  Indeed, the abuse of power, the illegality and unconstitutionality, the blunt extortionistic threat that the Obama bathroom decree represents is the common thread running throughout all these statements, letters, and quotes.  It's almost as if his infernal majesty set out eight years ago to make the Constitution relevant again by doing everything he could to destroy it, and now at least some of the States are finally beginning to wake up to what they have lost and trying, belatedly and frantically, to hold on to what remains of it.

The States will fail in that effort, of course.  But I'm not sure of the motivation for O's hamfistedness beyond sheer despotic instinct.  American culture is clearly headed in what, to his diseased mind, is the "right" direction.  Remember how States across the country almost unanimously defended traditional marriage only a decade ago?  Now traditional marriage lies in ruins, supplanted by its "gay" successor, in which EVERYBODY is REQUIRED to participate on penalty of bankruptcy and/or incarceration.  That a little over a quarter of the States are trying to rise up against mandatory gender-bending now tells me that it will be culturally accepted probably by the end of the current decade without federal troops to enforce it.  And certainly neither 2016 presidential nominee has any issue or problem with perverts in public restrooms, either.  So of what is Red Barry afraid?  That he won't get the "credit" for it?

He's going to "win" either way.  I'd focus on finishing his "transition" if I were him.




UPDATE: Here's what that "victory" looks like in New York City:

Greeting customers as “Mr.” or “Mrs.” — or even not using the pronoun “ze” or “zir” — could prove costly for New York City businesses under rules drafted by Mayor Bill de Blasio’s bureaucrats.

The Gotham mayor’s Commission on Human Rights says entities that fail to address customers by their preferred gender pronouns and titles are in violation of the law and could be subject to penalties of up to $250,000.

The commission issued a “legal enforcement guidance” for the New York City Human Rights Law, which now “requires employers and converted entities to use an individual’s preferred name, pronoun and title (e.g., Ms./Mrs.) regardless of the individual’s sex assigned at birth, anatomy, gender, medical history, appearance, or the sex indicated on the individual’s identification.”

In short, if you own a business in New York City, and you don't make yourself at least sound as crazy as the ruling freaks and perverts in your written AND oral speech, you will be economically ruined and probably jailed.  And if you want to call this the "New York City Commerce Depopulation Act," I have no doubt that Governor Andrew Cuomo is right behind the Sandanista Hizzohonor.

Basically in the local microcosm what The One is doing in the macrocosm.

If you thought that "We are all 'transgender' now, OR ELSE!!!!" was hyperbole, now you know better.

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