As our children prepare to return to school, another federal judge just slapped down the Obama Administration’s attempt to use its May 2016 “Dear Colleague” letter to force virtually every school in the country to implement its radical bathroom/locker room/ shower policies; policies that would force school age girls and boys into vulnerable interactions with children of the opposite sex in locker rooms and showers.
The federal district court sided with Texas and 12 other states in their lawsuit challenging the administration’s directive. But unlike the Gloucester County case here in Virginia, the court granted an injunction stopping the policy not on the grounds of students’ rights to privacy or safety, but rather on the basis that the federal government failed to follow its own rule-making procedures required for valid regulations.
In other words, not only is the administration’s compulsion of school “transgender” policy disastrous and wrong – it is lawless, and therefore unenforceable. This sidestepping of the law and regulatory process so often done by the Obama administration is trickling down into states and counties. Here in Virginia we’ve seen the Fairfax County School Board attempt an end run around parental involvement – and legal process – on the same issue.
In this case, the federal court merely gave expression to what the rest of us already knew: that the Executive branch doesn’t make laws. These days, it is again necessary for that message to be reinforced.
The States’ Complaint summed it up well:
“Plaintiffs include a diverse coalition of States, top State officials, and local school districts, spanning from the Gulf Coast to the Great Lakes, and from the Grand Canyon to the Grand Isle, that stand behind the singular principle that the solemn duty of the Federal Executive is to enforce the law of the land, and not rewrite it by administrative fiat.
“Defendants have conspired to turn workplaces and educational settings across the country into laboratories for a massive social experiment, flouting the democratic process, and running roughshod over commonsense policies protecting children and basic privacy rights. Defendants’ rewriting of Title VII and Title IX is wholly incompatible with Congressional text. Absent action in Congress, the States, or local communities, Defendants cannot foist these radical changes on the nation.”
Thankfully, the court here had the good sense to agree. We can count this one another small, but important, win for freedom.