On Friday Pres. Obama sent a letter to all public schools across the country telling them to let transgender students use both the bathrooms and locker rooms of their individually preferred gender identity. The decree is not legally binding; however, if schools do not comply, they were told they risk the cutting off of “Federal funds” and additional lawsuits.
Let me first offer emotion #1… sigh. (… breathe in… breathe out… another pause, please…) This is another tough issue, friends.
I hear those who now cheer… the previously silent, transgender student, for example, who has long, sadly, faced ridicule and shame.
I hear those who now cry… the previously silent, teen survivor of sexual abuse, for example, who has long, sadly, faced fear of the opposite sex.
I hear the others — on so many sides — the many, justifiable concerns. And I hear the lack of empathy from again, far too many. Yes, it seems, we continue to politicize issues; we continue to see only very limited perspectives. We tend to hear only one side well. We tend to hear only the cheers — or only the cries. Or… we tend to boldly proclaim why either the cheers or cries are for some reason irrelevant.
I wish there was a way to honor all people well. I wish we didn’t have to keep pitting people against one another.
As far as bathrooms/locker rooms are concerned, my first response after this arose in the North Carolina state legislature, was similar to the federal courts wrestling with the inflation levels of NFL footballs… Why are they spending so much time on this?… Is someone attempting to push an agenda?
My second response was a little more cavalier — motivated, no doubt, by the desire to stop all the bickering and social media rants (… FYI — which could easily serve as fodder for a new book entitled “How to Lose Friends and Influence People”). I thought, no less: couldn’t we just establish three kinds of public restrooms? (1) “Men’s,” (2) “Women’s”; and (3) “I Don’t Care.”
But alas, that, too, is not enough. Too many remain dissatisfied until they get what they want — even if it gives no thought to those who either cheer or cry. Again, we tend to only hear the cheers… or only hear the cries.
I wish I knew exactly what the right thing to do was. I wish no judgment on anyone. I wish no discrimination on anyone. But I am not comfortable solely looking out for one people group. I am not comfortable ignoring how it makes one group feel. I am not comfortable dismissing the transgender students; I am equally uncomfortable thinking only of transgender students.
There is one additional aspect about Friday’s letter that makes me uncomfortable. Remember first that there exist three distinct roles within the U.S. branches of government:
- The Legislative Branch, which makes the law.
- The Executive Branch, which carries out the law.
- And the Judicial Branch, which evaluates the law.
Each is to do their job. No branch has the job of another.
On Friday, the Executive Branch made the law. The expression of an opinion alone, of course, does not equate to lawmaking; it’s the inclusion of the threat to withhold funding due to lack of compliance that creates the constitutional conflict.
I’m concerned about that precedent. While there are valid reasons to agree or disagree with the Obama administration’s perspective on how public restrooms should be used, what’s concerning is the lawmaking precedent. If we are ok with that process now, then we will need to be equally ok with it later — with whatever the issue… with the arbitrary making of law and the arbitrary withholding of funds… and, with the one who decrees it…
… a President Clinton.
Or…
… a President Trump.
(…breathe in… breathe out…)
Respectfully…
AR