President Obama has commanded all public schools to open their bathrooms and locker rooms to either sex in cases of children who are “transgendered.” Children are generally too young for sex-change operations, so what we are dealing with is the extremely small number of children with “gender dysphoria,” confusion about what gender they are.
Not long ago, feminists and LGBTQ activists were insisting on the distinction between “sex” and “gender,” the former referring to biological anatomy and the latter referring to a social “construction.” Now, though, being “transgender” (constructing a different gender identity) must be counted as actually changing one’s sex.
The President’s authority to impose a transgender mandate on all schools, on threat of losing federal funding, is a new interpretation of the Title IX non-discrimination law, construing the language forbidding discrimination on the basis of “sex” so that it also means not discriminating on the basis of “gender,” or, rather, gender identity.
North Carolina, the target of massive indignation over its law requiring that schools and government facilities segregate their bathrooms according to natural sex rather than self-identified gender, is pushing back in a lawsuit challenging the administration’s use of Title IX and its authority to issue transgender mandates. Read Michael Avramovich on the issues after the jump. [Read more…]