I recently read an article in The Weekly Standard authored by Dennis Byrne and captioned “The Locker Room Fight Continues.”  The article is well written and documents the plight of a trans-gender high school student in the Chicago School District, his fight for access to the girls’ locker room, the District’s attempts to accommodate him, and the unbelievable intervention of the federal government in a matter that is clearly none of its business.

The subject of the article is somewhat salacious in that it involves LGTB matters, sex, voyeurism, genitalia, money, education, morality, federal bureaucracy, and blackmail. All of the essential ingredients of a best-selling romance novel.

And while the article appears to be factual, moderate, and non-accusatory in its tone, there is little doubt that it raises many ancillary issues with respect to the ongoing assault by the federal government on common sense.

A transgender student—male of course, with male genitalia—apparently seeking to get in touch with his inner feminine side, insist that he should be permitted to change and dress in the girls’ locker room because he feels more comfortable there (what red-blooded American male wouldn’t)? The School District, legitimately believing that introducing a male into the girls’ dressing room might constitute an invasion of privacy of the females undressing and showering there, declined the trans-gender student’s request.  But in the spirit of compromise, the District agreed to create a separate dressing area for the trans-gender student so that he would not be upset in the boys’ locker room, but would not invade the privacy of naked, adolescent girls in the girls’ locker room.  Not good enough says the ACLU and the federal Office of Civil Rights.  Our boy’s confusion, ambiguity, or sexual indecisiveness can only be ameliorated by whole-hearted and unabashed admission to the girls’ locker room.  How many guys reading this are kicking themselves for not having been so clever when they were in high school?

Okay, you say—the trans-gender student’s position is clearly lacking in common sense. Let the trans-gender student and the ACLU take the matter to court.  Surely any sane court will recognize that there is no legal precedent for, no rational basis for, and no common sense or moral basis for, involuntarily introducing male genitalia into a high school girls’ locker room.  And you might be right in anticipating such a rational determination.

But here’s where it gets interesting and ugly. Unless the parents of the girls in the District want to challenge the matter on their own nickel (which hopefully they will), this matter will never be considered by a court or otherwise bathed in the light of reason.  Why?  Because some unelected, unaccountable, perhaps perverted, federal bureaucrat(s) demanded that the Chicago District do it their way. They essentially said, “Put the guy in the girls’ locker room or we are going to yank the $6 million in federal funding for your District.”  And so, faced with economic disaster, the District caved.

One could argue that this story is just an anomaly—one confused high school boy fighting for his rights against his genetic rights against a bullying and oppressive School District. And I’m sure that that is exactly how the ACLU views the matter.  But every facet of the story is so wrong that it is hard to know where to begin a critique.  So let’s start at the beginning.

Gender is not like ordering from a Chinese restaurant menu—one from Column A and two from Column B. When it comes to gender, you are either in Column A or you are in Column B or are you a wannabe.  Column A consists of males who have male genitalia to prove it.  Column B consist of females and they have female genitalia to prove it.  Anyone else is just a Column A that wants to be a Column B or vice versa.  But a civilized society cannot exist if it is not based on Column A or Column B.  A Column A cannot decide that he wants to be in the Boys’ Glee Club one day, but wants to dress in the girls’ locker room then next day so he can play on the girls’ hockey team (easer to Letter that way).  Likewise, a Column B cannot be excused from school for cramps, but insist on being allowed to play on the boys’ football team.  If you are a boy who wants to be a girl or a girl that wants to be a boy, first see a psychiatrist (with your parents’ advice and consent), and have a sex change operation.  Get the equipment you need to be admitted to Column A or Column B.

But before we get to anything as radical as a sex change operation, let’s take a quick legal overview. If one can believe what one reads, 99.9% of trans-gender issues involve a male seeking to become a female—think Bruce/Caitlin Jenner.  One seldom hears of a female wanting to shuck her feminine wiles for the rough and tumble horseplay of smelly males.  So, effectively, any action designed to favor trans-gender individuals discriminates on the basis of gender since it almost always favors the wishes of a male over those of a female.  Shouldn’t females have some right to determine whether they want some wannabe male to join the sisterhood?

But the real travesty of this story (not from the perspective of a gender confused male or privacy offended females, but from the perspective of common sense and the American taxpayer) is the ongoing impudence of unelected bureaucrats, their complete lack of common senses, their hubris in implementing regulations that are inconsistent with the beliefs and desires of the vast majority of the American public, and, most dastardly, their willingness to blackmail States, municipalities, school districts, and the American people in order to advance their secular demagoguery. Who gives these backroom boneheads the right to use our money to blackmail public institutions into acting in a way that is clearly at odds with the beliefs of a vast majority of the American public?  Unfortunately it is the usual suspect—Congress.  Is it any wonder that people hold Congress in lower esteem than lawyers?  Is it any wonder that the Republican base is so up in arms over the lack of action/morality/common sense/fiscal responsibility of the Republicans in Congress that they are willing to throw the 2016 election to Saunders or Clinton rather than endure more connivance, duplicity, and disingenuousness on the part of the Republican establishment.

But here’s a simple solution—designed to restore a modicum of respect to the Republican establishment, to bend to the will of the American people, and to strike blow for American values. Congress should adopt a two-pronged law mandating that:

  1. The federal government and its administrative agencies shall adopt no law or regulation which mandates municipalities or other organization to require that male students or individuals (those having male genitalia) be allowed to use female facilities, and vice versa with respect to females.
  2. Henceforth it shall be the law that any federal bureaucrat, agency, or employee may not require a state, municipality, entity or individual to take any action or inaction, whether such action might be deemed lawful or unlawful, under the threat of withdrawing or otherwise obstructing the delivery of federal funds to which such state, municipality, entity, or individual would otherwise be entitled. Any individual employee of the federal government threatening to withhold such funds shall be guilty of a felony requiring a 2 year term in federal prison.The head of any administrative agency who knowingly permits his or her employees to engage in any such conduct shall be required to appear before Congress to explain the circumstances surrounding such bureaucratic blackmail and may be summarily dismissed from his or her position and may be referred to the Justice Department for further criminal indictment.Honestly folks, aren’t you sick and tired of the federal government taking our money and then threatening to withhold its return unless we agree to positions that are antithetical to common sense and long-held American beliefs? Let’s put a stop to this nonsense once and for all.

Honestly folks, aren’t you sick and tired of the federal government taking our money and then threatening to withhold its return unless we agree to positions that are antithetical to common sense and long-held American beliefs? Let’s put a stop to this nonsense once and for all.

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