WASHINGTON — The Supreme Court on Friday entered the national debate over transgender rights, announcing that it would decide whether a transgender boy may use the boys’ bathroom in a Virginia high school.Does anyone really think Congress in 1972 intended a ban on sex discrimination to include the transgendered?
The court is acting just a year after it established a constitutional right to same-sex marriage, as state laws and federal actions on transgender rights have prompted a welter of lawsuits. In taking the case, the court signaled that it may move more quickly in the area of transgender rights than it has in expanding gay rights.
The public debate has been ignited, in part, by a North Carolina law that requires transgender people to use bathrooms in government buildings that correspond with the gender listed on their birth certificates, a statute that has drawn protests, boycotts and lawsuits.
The case revolves around how the Obama administration is entitled to interpret a federal regulation under a 1972 law that bans discrimination “on the basis of sex” in schools that receive federal money. The legal question is whether it can also ban discrimination based on gender identity.
Best of all:
The American Civil Liberties Union, which represents Mr. Grimm, told the justices that “girls objected to his presence in the girls’ restrooms because they perceived him to be male.” The group’s brief said requiring Mr. Grimm to use a private bathroom had been humiliating and had, quoting him, “turned him into ‘a public spectacle’ before the entire community, ‘like a walking freak show.’”Wow. I wonder why? If the Court goes all Roe v, Wade omn us over this issue, we will have another firestorm of Americans saying, "Why do they have this much power to ignore the majority?' There are good reasons for the Court to protect enumerated rights under the 14th Amendment, but not rights imagined up for reasons that would have left the 14th Ament Congress going, "What madness is this?"