The federal government through its highly partisan Department of Justice (DOJ) is attempting to make law—again—by attacking North Carolina’s so-called “bathroom bill.” Last Wednesday, the DOJ sent a letter to NC governor Pat McCrorydemanding that he rescind the law within three working days or face legal action and loss of federal funds.
The DOJ letter erroneously states that the NC law violates Title VII of the Civil Rights Act of 1964 which prohibits discrimination based on sex. In its infinite ignorance and hubris, the DOJ, has proclaimed that the word “sex” includes “gender identity.”
By attacking North Carolina’s law that requires restrooms in government buildings, state colleges and universities, and highway rest stops to correspond to sex and which does not apply to any private sector entity, the DOJ seeks to make law for the entire country.
This is the same stratagem the Department of Education (DOE) is using to blackmail public schools into allowing gender-dysphoric students into opposite-sex restrooms and locker rooms. While the DOJ is using the Civil Rights Act of 1964, the DOE is using Title IX of the Education Amendments of 1972. Both departments—neither of which have law-making authority—have unilaterally redefined the word “sex” in such a way as to make law.
If successful, the DOJ’s effort will be even more profound and destructive because of the scope of the applicability of the Civil Rights Act of 1964. Whereas Title IX applies only to schools, Title VII applies to every business in the private sector with over 14 employees; every government entity; and every religious organization, including private elementary, middle, and high schools, private colleges, and churches.
Religious organizations and churches are exempt from Title VII only with regard to the prohibition of religious discrimination and only in hiring practices. Churches, synagogues, and mosques and religious organizations may discriminate based on religion in hiring. In other words, churches, synagogues, and mosques may not be forced to hire persons of other faiths. But how would this redefinition of “sex” in Title VII affect restroom or locker room usage in religious organizations or businesses owned by Christians like Hobby Lobby?
Would the redefinition of the word “sex” to include “gender identity” and “gender expression” require religious organizations, colleges, and churches to allow gender-dysphoric persons to use opposite-sex restrooms and locker rooms? Would this fanciful reinterpretation of Title VII require that a gender-dysphoric father visiting his daughter at a Christian college or a gender-dysphoric woman attending a wedding in a church be allowed in opposite-sex restrooms? Read More