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Did anyone else see the 4th Circuits bathroom case decision and ACLU’s Joshua Block's absurd comment on the case?


The 4th Circuit in their 2-1 ruling, April 19, 2016, sent the case back to the lower court for rehearing. There is nothing in the ruling remotely suggesting a State may not make distinctions in law based upon sex. And this is the bottom line question which needs to be addressed. Title IX is not the supreme law of our land!

The nitwit at the ACLU, Joshua Block, who commented that "With this decision, we hope that schools and legislators will finally get the message that excluding transgender kids from the restrooms is unlawful sex discrimination", is absurd on its face as “transgendered” kids may use a bathroom so long as it corresponds to the sex which appears on their birth certificate.

Since our federal Constitution is the supreme law of the land, and nowhere in our federal Constitution have the states be prohibited from making distinctions in law based upon sex, [the 19th Amendment being the only exception] there is no “unlawful sex discrimination” if a state decides public bathrooms are to be used in accordance with one’s sex as it appears on one’s birth certificate.

“Any person” __ as required by the 14th Amendment __ receives equal protection of a State’s laws should a state require public bathroom to be used in accordance with one’s sex as it appears on their birth certificate. Does such a law apply equally to every homosexual person? Yes. Does such a law apply equally to every heterosexual person? Yes. Does such a law apply equally to a transgender person? Of course it does. And would such a law apply equally to every lesbian person? It sure does. How about a bi-sexual person? Would requiring a bi-sexual person to use a bathroom in accordance with their sex as stated on their birth certificate apply equally to every bi-sexual person? Of course it does.

In fact, Joshua Block, a state law which requires every person, regardless of their perceived sexual identity, to use a bathroom designated for the sex which appears on their birth certificate applies equally to “any person” as required by our Constitution. And the Tenth Amendment guarantees that all powers not delegated to the federal government by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So, Joshua Block, what is your freaken beef with a law that applies equally to “any person”?


JWK


" I believe that there are more instances of the abridgement of the freedom of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations." ___ Madison Elliot`s Debates, vol. III, page 87