Thursday, January 21, 2021

Uniting Americans with … transgender mandates?


In his January 20 Inaugural Address, President Joe Biden used the word "unity" no fewer than eight times, including:

"To overcome these challenges – to restore the soul and to secure the future of America – requires more than words. It requires that most elusive of things in a democracy: Unity. Unity.

"… History, faith, and reason show the way, the way of unity.

"This is our historic moment of crisis and challenge, and unity is the path forward."

Hours after his inauguration, President Biden issued a flurry of 17 Executive Orders (EOs) to overthrow the previous administration's policies and replace them with his administration's top priorities. Among them: "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation."*

Following are excerpts from this EO and potential applications that fall within the fairly wide bounds of authority covered by the EO:

1.      EO: "Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports."

Potential application: Mandated allowance of transgender, biological boys who still have male anatomy and athletic advantages, in girls' bathrooms, locker rooms and sports teams.

2.      EO: "People should be able to access healthcare … without being subjected to sex discrimination."

Potential application: The words sound innocuous, but as demonstrated by the Obama administration's transgender mandate, this policy can translate into forcing physicians and health practices to participate in transgender surgeries and transitioning measures, regardless of conscience or medical concerns. Medical concerns include depression, anxiety, suicidal ideation, substance abuse, risky sexual behaviors, high blood pressure, blood clots, stroke, and some types of cancer.

3.      EO: "The head of each agency shall…

·         "…review all existing orders, regulations, guidance documents, policies, programs, or other agency actions that … are or may be inconsistent with the policy set forth in section 1 of this order.

·         "…consider whether to revise, suspend, or rescind such agency actions, or promulgate new agency actions, as necessary to fully implement statutes that prohibit sex discrimination and the policy set forth in section 1 of this order."

Potential application: A wholesale recission of the previous administration's rules and policies that were based on an objectivebiological understanding of sex, replacing them with a host of new regulations, policies, programs and indoctrination to enforce instead a subjective, psychological impression of sex.

Transgender mandates--the first example of the new president's plan for unity?

Katy, bar the door.


________

*Background info.:

Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. While the Supreme Court expanded the definition of sex in Bostock, the Court did not expand that reinterpretation into other areas of civil rights protections on the basis of sex. 

After the Bostock decision, then-Secretary of Education Betsy DeVos made it clear that that Title IX does not permit a biologically male student to compete against females on a sex-segregated team or in a sex-segregated league. 

The Trump Administration also issued a letter to rescind an Obama-era policy that required schools to allow students who identify as transgender to use the restrooms, locker rooms and similar facilities of their choice. 

The Trump Administration also issued a proposed rule (which was not finalized) to change an Obama-era rule and allow HUD shelter providers that lawfully operate as single-sex or sex-segregated facilities to voluntarily establish a policy that will govern admissions determinations for transgender individuals. 

Under this (Biden) Executive Order, it is expected that these Trump Administration policies, and likely others, will be reversed.

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