Obama ‘has no legal authority’ to make bathroom decree…”‘They’re making it up as they go. They’re going to lose this in a challenge'”

Saturday, May 14, 2016
By Paul Martin

GREG COROMBOS
WND.com
May 13, 2016

The Obama administration launched another offensive in the battle over public accommodation Friday, telling all public schools to allow students to use facilities based on their gender identity instead of their biological sex, a directive that Liberty Counsel President Mathew Staver says is blatantly unconstitutional and part of a larger Obama goal of rubbing God out of the public square.

Officials at the Justice and Education departments released a letter providing “guidance” as to how school districts should comply with the policy. The letter also made it clear that states or schools that did not fall in line could face federal lawsuits or a denial of federal education funds.

“Under Title IX of the Education Amendments of 1972, schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgender status. The guidance makes clear that both federal agencies treat a student’s gender identity as the student’s sex for purposes of enforcing Title IX,” stated the latter.

Staver told WND and Radio America the idea that lawmakers considered gender identity in the context of sex discrimination 44 years ago is absurd.

“Common sense says that in 1972, no one was thinking that ‘sex’ included somebody’s fictitious mind games of thinking they are the opposite gender,” Staver said.

Not only does he believe Congress did not intend the expanded definition of sex, but Staver points out that lawmakers have repeatedly defeated attempts to make such a change to Title IX.

“(The Obama administration demand) eviscerates the statute and has nothing to do with its intent,” Staver said. “In fact, Congress, multiple times over the past 10-15 years, has rejected attempts to include sexual orientation or gender identity in any of the federal laws. They’ve specifically rejected those attempts.”

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