hue and cry doom and gloom about President Obama’s “letter” (is that have the same authority as an apostolic exhortation?) that instructs all public schools to make bathroom provisions for transgender students. I’m not sure how the president has the stomach for this kind of helicopter presidency when he has time for stop-and-chats with Marc Maron and Marilyn Robinson. Is he really prepared to send federal troops into schools — a la University of Alabama under George Wallace — that don’t comply. If the IRS lets $20 billion get away every year in unclaimed, unpaid, or fake returns (I hear), what’s a bathroom or two to the cause of transgender rights? Heck, is President Obama going to write a letter that specifies the most environmentally friendly way for bathroom users to dry their hands (in the light of climate change; has transclimate as an identity dawned on anyone, a hot planet trapped inside a cold earth?).
But culture warrior Christians feel embattled and are itching for a chance to show the state is tyrannical, wicked, and liberal. Denny Burk’s blood is boiling anyway:
The Obama administration is announcing its intent to coerce through force of law every public school to accept this. He expects your local school to allow boys to use bathroom and shower facilities with girls and vice versa. So long as the child’s parents are willing to go along with their child’s new identity, the school has to let students into the bathroom and locker room of the opposite sex.
This directive is jaw-dropping. The Obama administration doesn’t care whether the local or state school system supports such a move. It doesn’t care whether parents want male students showering with the female students or vice versa. . . .
What is going on here? The answer is very simple. President Obama feels the wind at his back in advocating LGBT rights. Gay marriage is now the law of the land, and gay people are now serving openly in the military. Now President Obama is turning to the “T” in LGBT, and he’s making bathrooms and locker rooms the issue. As the Attorney General has made clear, those who refuse to go along will be treated like Jim Crow bigots.
This radical directive is a heavy-handed, unconstitutional overreach in order to force Americans to pretend that some boys are girls and some girls are boys. It is absurd and wrong. And I wonder if this may not be a bridge too far even for people who are otherwise liberal. Are fathers going to be okay with their daughters undressing in locker rooms where boys can see them? No matter how much one may support President Obama, what dad would go along with this?
Has Prof. Burk considered that a school principal could ignore this letter in much the same way that U.S. drivers ignore speed limits? And what if conservative pundits also decided to ignore the letter and not push the indignant button. After reading recently Andrew Hartman’s book on the culture wars, I tempted to think that conservatives overreacted to matters (like Serano’s Piss Christ) and by protesting gave such transgressive displays more weight than they would have had had no protesters shown up — like millions were going to see Serano’s exhibit without the politics of self-righteousness to motivate them.
If only Kim Davis would come back and lead the charge against bathroom reforms. That’ll work.