Lawyer Says . . . Not Even Kafka Could Write Something Like Obama’s Bathroom Edict

By DEXTER DUGGAN

The Obama administration’s legal assault against sexual reality is something that not even novelist Franz Kafka could have written, an attorney representing the North Carolina legislature told a presentation at the conservative Heritage Foundation in Washington, D.C.
Attorney Kyle Duncan made that comparison as he and Texas Attorney General Ken Paxton spoke about states’ opposition to Barack Obama’s federal government trying to force them to wipe out traditional protections for sexual privacy or else lose billions of dollars in aid to schools.
Kafka was a European writer born in the latter part of the 19th century whose work, according to Wikipedia, features “bizarre or surrealistic predicaments and incomprehensible social-bureaucratic powers.”
Paxton and Duncan spoke at an hour-long July 7 Heritage panel on “Obama’s Edict on School Showers, Lockers, and Bathrooms: Challenges and Legal Responses.”
With radical Democrat Obama as the ringmaster of chaos, the people of the United States have begun suffering more pummeling by his federal government — which almost overnight began saying that millennia of recognizing sexual distinctions must be obliterated.
According to Obama’s bureaucrats, resistance to his shocking worldview reveals serious bigotry and must be punished severely.
If a man wants to shower and dress among women in their bathing and locker rooms because he identifies as being one of them for the day, Obama insists that the man be completely accommodated under the stern power of the law, and women should have no right to resist.
Moderator Roger Severino of the Heritage Foundation began the July 7 program by noting, “Things have moved so far, so fast . . . and not in a good way.”
Severino, who works on religious liberty, marriage, and life issues, recalled that in the 1990s sexual minorities said they only wanted to be left alone, to live their own lives, but that was false.
Duncan represents North Carolina on behalf of its traditional-values House Bill 2, to provide that people can use public sex-sensitive facilities without being exposed to people of the opposite biological sex.
Attorney General Paxton’s Texas is among the states challenging the Obama administration’s edict, expressed in a “guidance letter.”
The two attorneys told the Heritage audience that the edict has no support in long-established law but is simply an ideological misconstrual.
With “everything being stood on its head” through legal redefinitions, Duncan said, “Franz Kafka could not write that…statement, but that’s the argument being made.”
Discomfort about having to take a shower with someone of the opposite sex is being “explicitly compared” to racial prejudice, Duncan said, with people being told that they just have to get used to doing it, like they had to get used to being around a member of another race.
“The United States government should be embarrassed to make that argument,” Duncan said.
These cases aren’t about people who have ambiguous genitalia and need surgery or medical attention, he said. Instead, it’s just “you are what you say you are” currently about belonging to a sex.
Earlier in the program, he said that Obama’s Democrat attorney general, Loretta Lynch, “stood up at a podium” and claimed that opposition to the radical redefinition of sex is like opposing the Brown v. Board of Education U.S. Supreme Court decision of 1954 for school integration, or like favoring the old Jim Crow laws for racial segregation.
The Department of Justice sees gender identity as “a person’s internal sense of being male or female,” Duncan said, even if this feeling is “completely apart from any reference to biological characteristics.”
Paxton said, “It’s shocking to me that you’re supposed to ignore the very people” in schools who are affected in situations like this. “. . . The idea of personal privacy no longer matters.”
A gym coach would be fired if he showed girls a picture of a boy “in a state of undress,” Severino said, but if that undressed boy actually walked into their locker room and said he is transgender, he has every right to be there according to the Obama administration.
Although the administration claims that Title IX, a federal provision against sex discrimination that passed in 1972, provides it the authority to act here, Paxton said sex discrimination meant no such thing in 1972.
In 1994, he added, the Supreme Court held that members of one sex must have privacy from the other sex.
Congress knows how to pass legislation that would provide for what Obama wants, if Congress intended to, Paxton said. However, the administration’s “guidance letter misconstrues Title IX.”
The longstanding Title IX requires separate facilities for the sexes, Duncan said. However, Obama’s Department of Justice thinks it’s entitled to act on the issue because of congressional “inaction.”
Although the panel didn’t get into the immigration issue, there would seem to be an exact parallel with Obama claiming he personally was entitled to rewrite immigration law in 2014 because Congress hadn’t done so.
Apparently it’s an alien concept to Obama that if Congress fails to act, it’s because Congress wants no action taken. Congress isn’t saying it’s passing the issue on to him to do as he pleases — including using legislative authority he doesn’t have.
The nation has gotten to the point that the federal government tells it “what a man is and what a woman is,” Duncan said, adding that “now we have to specify things that everyone understood before, what biological sex is.”
LifeSiteNews.com reported that as of July 8, 23 states were suing against the Obama administration’s “controversial transgender guidance requiring public schools to allow members of one sex to use the showers, overnight accommodations, and restrooms of the opposite biological sex or lose federal funding.”

United, Safe, And Free

The Heritage Foundation’s Daily Signal website posted an article by Bethany Kozma, a mother of three young children, on July 10, telling what she and others in the “United We Stand” movement are doing to oppose Obama’s transgender edict.
Kozma concluded:
“As parents, we have the privilege and duty to educate and protect our children so that they can lead our nation on to further greatness when it’s their turn to do so. Until that time, I will boldly stand up to ensure the safety, security, and privacy of my children and yours so that together we all can stand united, safe, and free.”