In a much anticipated, and much needed announcement, the Departments of Justice and Education sent new guidance to schools across that nation that rescinds the previous “guidance” provided by the Obama Administration that threatened schools with the loss of federal funding if they did not allow students to use the bathroom of their choice. The new guidance will almost certainly affect the current rash of lawsuits making their way through the court system, including a case from here in Virginia. Naturally, pro-LGBT groups are declaring this move as harmful that will increase harassment and discrimination, totally ignoring the harm and danger they are putting young women in by forcing them to change clothes and shower in front of boys, and possibly even grown men.
While this move from the Trump administration will throw the situation back to the states, I don’t think that goes far enough. I think there is an opportunity to put liberals on the defensive, especially when it comes to Title IX.
When Title IX was first passed back in 1972, it was designed to prevent schools that receive public funding from discriminating against students based on gender, but like all government programs that start out with good intentions, it purpose has been bastardized by the left. The first victim was men’s sports programs that were cut in order to bring more equity to the amount of money spent in collegiate sports. Since its inception, more than 400 men’s athletic teams have been eliminated as a result.
The next area of Title IX abuse came in the form of an assault on free speech. In 2011, the Obama Administration sent more “guidance” to colleges and universities instructing them to “better prevent sexual assault and harassment on campuses.” What this has meant in reality is a trampling of free speech, harassment of professors and students, and caused universities to “fire, threaten, censor, and grossly mistreat faculty members to protect the university’s public image.” Ever heard of “safe spaces,” or “trigger warnings” to protect from “micro-aggression?” Thank Title IX.
This law, and the federal money that is tied to it, has been used as a hammer by the left to push extremely harmful policies on our kids and our public schools, so maybe we should put it to some good use instead. Instead of just rescinding Obama’s guidance to allow people to use the bathroom of their choice in schools, the Trump Administration should provide new guidance that requires schools to intsitute policies that require people to use the bathroom that matches their birth certificate.
The rational for this would be the same one that Obama used for his 2011 guidance. We need to protect women from sexual harassment and abuse, and how could you possibly do that if you are forcing women to go to the bathroom, change clothes, or shower with men? By instituting a policy of allowing men to choose the bathroom based on whether they “think” they’re a girl, you are putting our daughters at risk of voyeurism, harassment, and assault by sexual predators posing as “trans.” Why not use the power of the federal government to good use in protecting our children?
To those who would argue this would be an over-reach of federal power, I totally sympathize with that argument. My counter would be that you need to look at the long game here. What is the first thing that would happen if this kind of guidance were to be handed down by the Trump Administration? Lawsuits, of course. Leftist organizations and Democrat politicians would pound their chests and decry the hostility towards people who are different, and then they would file lawsuits…against Title IX…specifically against the very kind of guidance on governmental over-reach that they have championed in the past.
The result that would come from the courts could only be seen as a win/win situation. If the courts uphold the guidance then a blow has been struck against the rising tide of leftist groups attempting to normalize more and more deviant behavior. If the courts strike down the guidance you will have both the left, and the courts, on record in limiting the power and scope of what Title IX can be used for. In that case, it would make it easier to roll back other onerous regulations put in place because of this rule, and the decision on bathroom policies would be back in the hands of local officials.
For far too long Conservatives have been cowed, playing defense on social issues. We are attacked by fellow Republicans as being “too extreme” and “obsessed with social issues” for simply trying to defend decency and uphold a certain level of moral and ethical behavior. In the meantime, the real extremists on the left have been tirelessly pushing their goals of redefining normalcy to include any radical behavior or practice they can come up with.
It’s time for the right to be on offense for a change, and do a little pushing back of our own.
