US Department of Education: HB2 Was Right All Along
WASHINGTON, D.C. – For the majority of 2016 the Left, in North Carolina and across the nation, tarred and feathered Republicans in the Old North State for having the gall to spell out in law what most reasonable people understand to be common sense. Namely, that, in schools and other government facilities, biological females should use the ladies room, and biological males should use the men’s room – no matter how confused their ‘feelings’ are about their gender.
Of course, House Bill 2 was made up out of thin air. It was in reaction to a Charlotte City ordinance that would fine private businesses if they ‘discriminated’ against men who thought they were women by not letting them use the women’s bathrooms at their private business. H.B. 2 merely said you can’t force private business owners to accommodate men in women’s rooms under threat of penalty, and also schools and government facilities will segregate bathrooms based on sex, not feelings.
To say the Left manufactured rage over this common sense solution would be a massive understatement. Then-President Obama, in May 2016, came to the assistance of the Roy Cooper campaign and the Radical Left in general by issuing guidance stating Title IX guarantees transgender students can use restrooms and other school facilities matching their gender identity.
Title IX of the Education Amendments of 1972 states that discrimination is forbidden on the basis of sex. The word “gender” is not included in its language:
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.
Though the N.C. legislature was completely in line with federal law, the Attorney General Loretta Lynch (a product of Durham and Greensboro) sued the State anyway.
But times have changed and common sense reigns supreme under the administration of President Donald Trump, it appears.
On Thursday, Buzzfeed asked Liz Hill, a spokesperson for the Department of Education, if restroom complaints from transgender students are not covered by Title IX. Hill’s answer?
“Yes, that’s what the law says,” adding on Friday, “Title IX prohibits discrimination on the basis of sex, not gender identity.”
“Where students, including transgender students, are penalized or harassed for failing to conform to sex-based stereotypes, that is sex discrimination prohibited by Title IX. In the case of bathrooms, however, long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”
So, House Bill 2 and conservatives that pushed it are vindicated after far too many milquetoast Republicans buckled under the pressure from the Left and their media allies and partially repealed the law.