Obama’s push for broader transgender protections may get legal boost from the late Antonin Scalia

by David G. Savage  |  published on May 14, 2016

The Obama administration’s push to apply 1960s and 1970s equal-rights laws to the transgender community is likely to win favor in federal courts and may even get a surprising assist from the late conservative Supreme Court Justice Antonin Scalia.

Transgender rights has emerged as the new frontier in civil rights law and the latest battleground for the nation’s culture wars.

On Friday, the Obama administration’s Education and Justice departments sent a letter to public school officials nationwide, warning them that schools must provide an environment free of discrimination and treat students consistent with their gender identity, even if that’s different from the sex assigned at birth.

Earlier this week, the Justice Department and North Carolina’s Gov. Pat McCrory filed dueling lawsuits against each other, asking a judge to decide whether North Carolina House Bill 2, the so-called bathroom bill, violates federal civil rights laws. It says public bathrooms and changing facilities may be used only “by individuals based on their biological sex [as] stated on a person’s birth certificate.”

  • ObamaIsKillingTheUSA

    Simple Fix… and end the BS!

    It is so ridicules that the Libs CRY abuse of women over and over THEN support a mandate that is abusing the women’s right to privacy… Stupid, Stupid, Stupid Libs!

  • peanut9244

    Why is it that when the PEOPLE say no and Oblunder has to go a different route he has to use CHICAGO STRONG ARM TACTICS? But than again he IS a thug

  • Korean_Vet

    A quick note of “Non–Discrimination”–is the Right to Deny a Driver’s
    License to a ‘Blind-Man’ who cannot pass the “Required Vision Test”-!
    This is “Not Discrimination–but Common Sense Law”-! And also, You
    cannot “Use a Fishing License” to go “Hunting” nor vice Versa-! There
    are Hundreds of these “Stated Purpose Licenses” & “One cannot be
    Used for any other Purpose than what’s already been Specifically Stated”-!
    Judges, Lawyers & Citizens Can all Be found “Guilty of a 5 year Prison-
    Sentence or a $10,000 Fine or both–if Lies are used instead of Facts-!”

  • SL

    Why are we surprised…our president is living with a “man” Michael. The Bible tells us that it will be like Sodom and Gomorrah in the last days before Jesus returns. WAKE UP AMERICA!

  • MARK FREDERICK

    There should be no doubt in anyone’s mind about bathhouse Barry being Gay. He has tried to hide his past and silenced everyone of his old friends by having them killed or threatened to shut them up. The same goes for his muslim past and if you can’t see this with all the executive orders he has passed this year to allow the thousands of terrorist crossing our borders as either so called refugees or illegal immigrants then you are blind as a bat or down right STUPID. All of you idiots that doubted his being a muslim when he first took office let this TRANSGENDER muslim become RESIDENT and have let him destroy this country from within, you are just as bad as this TRAITOR and just as guilty of TREASON!!!!!

  • Jerry

    You mean the murdered supreme court Justice

  • Patrick Driscoll

    WE HAVE ALLOWED PURE EVIL TO GIVE US BS 24/7. ONCE ALL THE TRUTH IS KNOW, I WOULD EXPECT OBUMA TO BE PROSECUTED FOR TREASON AND DELT WITH ACCORDINGLY.
    THE TRUTH WILL COME OUT AND THIS MENTAL/MORAL MIDGET HAS NO CLUE WHAT BATHROOM TO USE IN HIS OWN DISGUSTING LIFE.
    HE USES EVERYONE AND EVERYTHING TO STIR-UP CONTROVERSY AND NOT SOLUTIONS 0R PEACE.
    SOME OF YOU LISTENED TO HIS PROMISES AND NOW YOU KNOW THAY WERE ALL BS. TIME FOR ALL OF US TO RALLY AND PRESSURE FOR HIS EVICTION FROM THE WH AND THE USA.

    • rifftop

      I agree…..but we also know other politicians, judges etc…….also have too many skeletons, secrets and it’s all one big blackmail game with these egotist power eaters. They hold things over each other’s heads. That is why this constipated congress let Obama run amuck and screw the rest of us every day. Congress members barely catch the tone or attitude of the people…….even with Trump running up votes………they are in denial and refuse to GET IT. Nobody ever really knows where some of these senators and congressmen come from…….their hidden deals and sell outs.

  • Patrick Driscoll

    This whole issue is stupid shit, which is all this asshole in the WH is capable of.
    These sexually disoriented people are in need of THERAPY and not about bathrooms. Tell the idiot in the WH that bathrooms are not the answer and not the root cause.
    In 7.5 years this idiot in the WH has never had an answer to any problem and instead makes everything worse. Now, you can assume the cause is his pure STUPIDITY or it is INTENTIONAL. Can’t believe anyone this fuck-up all the time, so I am of the opinion, like everything else he does, this is to divide and irritate the population. Should be at state level anyway and has nothing to do with Title 9.
    The corrupt SOB in the WH is using every opportunity to disrupt and irritate the masses.
    ARE REAL AMERICANS GOING TO TAKE THIS ANY LONGER? WHERE IS CONGRESS. THIS IDIOT HAS MORE THAN EARNED IMMEDIATE IMPEACHMENT , JAIL AND TRIAL FOR ALL HIS TREASONOUS ACTS.
    TRUMP WILL CLEAN THIS UP, BUT WE NEED TO FUMIGATE THE WH NOW, NOT MONTHS FROM NOW. AND FOR THE WEAK OF MIND, REMEMBER THIS IDIOT IS THE DEVIL AND NOT EVEN BLACK. HE IS A MUTT 50/50 BLACK AND WHITE AND NEVER EVEN HAD THE BLACK EXPERIENCE AND DOES NOTHING FOR BLACKS. JUST USES BLACKS TO CREATE UNREST.
    BLACKS ARE WORSE OFF THESE LAST 7.5 YEARS , THAN EVER BEFORE.
    HE HAS NO GAME, NO ANSWERS, NO CLUE. HE JUST USES EVERYTHING TO CREAT UNREST AND TO SECURE VOTES.
    WE HAVE A MADMAN IN THE WH. TIME TO GET HIM OUT OF THE WH AND OUT OF THIS COUNTRY!

  • Warren

    Just trying to make his Wife look more acceptable to the Public

  • ChuckS123

    I was thinking that some women could dress like creepy men and go into ladle’s rooms the same time as the wives, daughters, sisters, mothers of liberal legislators, governors, judges. Or the gov official herself if female. Tell her that she identifies as a woman today. Of course, Since she actually is a woman, she should hopefully not have legal problems.

    • rifftop

      The problem is…….those judges, politicians etc……know that the public is full of creeps and perverts……..they always have private bathrooms with private keys……their kids rarely mix with the peasantry.

  • Mys77

    Why are the rights of women and children being violated? Their safety, respect, privacy violated? The assault and degradation towards women continues… I for one will beat the crap out of any transgender in the bathroom with children or women. And I will tear any sign off the wall invitingi the perverted mentally unstable pedophile, homo to display their disgusting selves.

  • Climax

    This is about as important as a pimple on a bugs behind.

    • Mys77

      You are a guy, without children, and certainly without an ounce of class, respect or decency.

      • Climax

        No, I am 69, have three daughters and six grandchildren. I just put things in perspective. How many transgender people do you think have a problem? What percentage of the population do you think fit into this category. My worry is while this smoke screen is being raised what is the administration doing out of sight, more dirty work no doubt.

        • reggie

          It’s the fukin PERVERTS who will use the bathroom. Google the 8 year old girl who was choked yesterday in the ladies bathroom while her mother was in a different stall. THAT’s THE PROBLEM. She’s just the latest.

  • Climax

    Why is the Federal Government getting involved with this other than that fact that Obama was raised by a Tranny in a Muslim Nation, in a Muslim School, and favors Gay and Lesbian traits? Why is a very small insignificant minority being the cause of such an uproar and can’t they just quietly go about their business when necessary?

  • BOC

    This is again the government turning a non-issue into a major firestorm to promote the progressive agenda. This is about eliminating gender (male, female) identification all together. I will say this, if one of my daughters is in a restroom and a guy, that would be a male to all you gender neutral folks, not made up and dressing like Paris Hilton decides to walk into the same restroom, I’m going to beat, pistol whip, wash his hair in the toilet and probably end up in jail. This kicks the door wide open for those subhuman POS MotherF#$king pedophiles to have at it at their leisure all of whom should be extinguished from the face of this earth.

  • Webb

    Privacy Is Now Out in The Sunlight…
    Restrooms Today, What Tomorrow?
    Seven and Half Years of Accelerated Demise of America By Obama and His Progressives… “Hope And Change” On The Move.
    Personal Responsibility taken by The Federal Government…

  • Francisco Machado

    If the rights are “equal,” then anyone can use the bathroom of choice. To do otherwise would be to assign rights to transgendered/whatever not accorded to other people. Which makes separate bathrooms superfluous. Indeed, this principle may correct other inequalities as well: The racial quotas (that don’t exist but are exercised anyway) will become meaningless when an intelligent white Chinese male can identify as a black female Hispanic immigrant with learning disabilities – and institutions will be required to recognize him (her) as such. will “ageism” be covered? That I can identify as a teenager – or a twelve year old can “identify” as thirty and get a driver’s license? Will the Administration and the AGW fanatics be required to accept the equal rights of expression for those with whom they disagree – rather than threatening to prosecute them?

    • rifftop

      Works for me……..the ultimate chaos of society…….create lots of confusion, misidentities …….whatever the Alynski teachings provide to dissolve a society and let the all knowing left wing government FIX the problem…….(that never existed) for the betterment of all deviants, criminals and fools.

      • peanut9244

        Now THAT makes more sense.

    • reggie

      Well ms. dolezal was white, then she wasn’t, then she was black, then she wasn’t then she was white again. jenner was a man then he wasn’t then he was a woman, then now he wants to be a man. See? Aren’t we all so special! What was that Army slogan, be all that you can be.Talk about perversion and misinterpretation. (sarcasm alert)

    • peanut9244

      say again!

  • Debbie

    If this is the way it is to be then each bathroom must have a officer I could care less about the trans-o-‘s It’s The other’s that will try to benifit from new rule and It is already happening ask Target

  • GrouchyJohn

    my 5 granddaughters right to be safe from 40 year old hairy backed, wig wearing, sun dress wearing, high heel wearing perverts far far far exceeds the rights of some nasty old b******d’s rights to pee in a woman’s restroom

    • Mys77

      And we know it isn’t to pee, but to encounter, look at, jerk off, take pictures and violate a woman and her childrens rights, privacy and space!

    • peanut9244

      (APPLAUSE) But you dont mince words do you? I also have grandchildren and also GREAT grand children GOING TO SCHOOL. I can just see som 6th grader that thinks he is a she come in and take a wiz with my kids in there………wanna talk about steam coming out of their parents and my ears??????????

  • teaman

    There is not such thing as discrimination against what a person thinks in their distorted minds and you can’t manufacture a law or a definition of an existing law to prop up crap like this. The people pushing this crap are supposed to be educated. So why are the FACTS not being presented? Why is there no common sense here?
    Fact is, you can’t decide in your own mentally disturbed mind what your sex is or what you think it should be. Most important, is whatever you decide in your mind or no matter what you do to your body, YOU CAN’T CHANGE THE “”DNA””…..that folks is plain common sense.
    At 73, I am so sadden by how STUPIDITY has taken over our Nation at all levels. Whatever is wrong is now elevated and whatever is right is being suppressed. I would really like to hear/read someone’s argument for this crap about why they believe their mind dictates what they are, be it transgenderism, homosexual-ism or pedophilia-ism. There is absolutely NO acceptable proof that anyone is born “that way”, and in my mind, it is nothing but “”SICK SIN””!! But, I am willing to hear/read the arguments……but remember, I will respond!!

  • Robert A Kaufman

    IF THE FEDERAL COURTS ALLOW THIS SHIT TO STAND JUST LIKE THE FEDERAL COURTS HAVE OPENED UP THE DOOR FOR HOMOSEXUAL MARRIAGE THEN THE JUDGEMENT & WRATH OF GOD WILL DEFINITELY COME DOWN ON THIS ONCE GREAT COUNTRY CALLED AMERICA!!! THIS JUST SHOWS HOW CORRUPT THE FEDERAL COURTS HAVE BECOME!!!

    • Retired

      Who are these judges other than democrats.

      • The Redhawk

        Oh just your AVERAGE PROGRESSIVE F*CKUPS

    • Climax

      No the rath of God will come down on the ones that have supported this notion, pushed this notion, and have caused this notion.

      • Helen

        It will come down on the whole Country UNLESS Christians and Jews stand tall for God and demand it NOT STAND!!!

        • Climax

          We need to drive the Anti-Christ and his followers out of office with the power of our vote and not fall in line like a bunch of blind lemmings and follow them over the cliff.

        • rifftop

          The Jews remain the most confused,. backward voters in this nation. They continue to support left wingers, socialist/democrats. Yet Obama and company hate the Jews. I’ve never seen a group of people who insist on self destruction like the Jews. Their learning curve is completely twisted. Now the same fools will back Clinton.

    • Nina

      I’m afraid you are right!!! The Lord is crying in disgust!! The most beautiful land HE has ever created. What have we done? He is not happy. Forgive them Lord they know not what they do. Satan is alive and well and living among us!!

    • The Redhawk

      WELL WE had our Suspicions about BHOZO Inabiloity to choose Which bath room to use depending on HOW IT FELT which Side of the “TEAM ‘ to declare for each Morning…. but who suspected LORETTA lYNCH to be of the same “CONFUSED PERSUASION”????

  • rifftop

    I think the Obama regime should hire GENDER POLICE……these “people” would be stationed at all restrooms to determine the gender of prospective toilet users. You would have to go behind a screen and the GENDER POLICE would determine your gender, this way neither clothing, nor false proclamations such as “I’m a female today” would be abused. Obama and his left wing psychopaths have created just another insane, meaningless issue by invoking CIVIL RIGHTS into the BATHROOM TOPIC. The logic for this topic is non existent. The relevance , importance and meaning is total crap. Once again the loons in this administration are forcing states and towns to waste money to enforce some idiotic “rights” agenda…..YET OBAMA AND HIS HACKS ARE NOT FUNDING THE BATHROOM RENOVATIONS, ADDITIONS TO ACCOMODATE THEIR LUNATIC AGENDA.

    • Bob

      Actually, the Obama Gender Police would just ask how you feel on that day at that time. They would not care what is or is not in the pants of the individual, just how they feel.

      • rifftop

        Oh I think that crotch grabbing would be part of the procedure, this way the perverts can also get jobs.

      • rifftop

        FEELINGS are a major theme for left wing politics. Of course there is not evaluation of those feelings…….meaning, normal, justified or just stupid. Feelings for a socialist is the weak spot that they use to suck in the low information types, the idiots, the dregs, overly dependent, and of course the lazy. To a socialist/Marxist……..feelings is the fodder to enlist more for their cause……all feelings are valid and all demands based on ONLY FEELINGS requires legislation, Obama exec orders or some kind of rule.

    • Wambli525

      Hey this could be another responsibility for the TSA, they already have the right equipment.

    • reggie

      Just more transfer of wealth from the poor to the rich. The top 25 Hedge Fund managers earned $13,000,000,000 in 2015 alone, and probably paid a pittance of that in taxes.

  • Rodney Steward

    Nature has a way of taking care of sick animals, and the same will happen here! Just when U think this sick human can’t hate this country any worse, BAM, more CHAOS, Over and over again!

  • graylens

    This issue is blown way out of proportion. The % of transgender people is very small and while to them this is of great importance, to society in general it is a minor issue. While we focus on bathrooms, we ignore, isis, emails, Libya etc

    • rifftop

      Obviously, it’s a distractor to send the stupid media in directions away from all the crap Obama is doing “silently”…….his continued attacks on the second amendment, his “apology” tours……now to Hiroshima (for which this idiot……..has no clue about WWII history apparently and the brutal slaughter of people during the war by Japanese. Obama’s value structure is so screwed up……..that he continues to twist reality into his own agenda and nutty beliefs. We cannot rid ourselves of this demented hack fast enough.

      • Bob

        Obama knows all about WWII. He said his uncle liberated Auschwitz so he must have learned all about the history of the conflict at his uncles knee, right? (However, to make this an actual true statement, his Uncle would have had to have served in the Red Army, which would explain much). He probably knows all about Hiroshima because another relative flew on the Enola Gay, or he visited the U of Chicago and saw Fermi’s lab. Either way, I can’t wait to hear how Hiroshima and Nagasaki were our “fault”.

        • rifftop

          Obuma’s grandfather was in the US military, and after got a government job requiring a clearance. The grandfather did not want his relationship with Frank Davis , a commie to be in his record…..as it would jeopardize his job. Grandpa and grandma were both commie sympathizers……just to show how infected our government really was after WWII. BHO has a TWISTED education and the facts of historical events are also twisted in his mind. He still gets the good guys and bad guys mixed up. The same process he uses to excuse muslim terrorists. Believe it BHO will definitely find a way to twist Hiroshima into a US assault……while disregarding all the rest of the Japanese WWII history. This is why this nation is f..ked up and the education system teaches crap……they get away with b.s. because the people who know the truth are dead, dying or too old and the rest are not interested in reality.

          • reggie

            Gee, switch killery dodging bullets in Bosnia, and the rest of her bs with 0b0, and his bs, – you have a championship criminal lying team that can’t be beat by anyone.

          • rifftop

            yep……the worst in our history. There is nothing in the American culture, history that prevents us from idiots selecting a con man/woman or demanding that voters actually be literate citizens. The did away with literacy tests and now in the SW…..even the illegals vote, because nobody is checking ID”s…..BECAUSE IT WOULD BE RACIST!! Then the lefties for the most part…..encourage “MULTIPLE VOTING’ by their migrant voters to vote in multiple states……just drive across a state line……using another address (that of relatives) and vote there as well. For the most part Obama got in with corrupted voting and illegal overseas money. HOW DOES A ONE TERM SENATOR AMASS HUNDREDS OF MILLIONS TO FUND A CAMPAIGN (2008) AND NEVER HAD ANY PROBLEMS LIKE RUNNING OUT OF MONEY THAT EVEN THE MOST ESTABLISHED CANDIDATES HAVE? Hillary, Bill and now Chelsea are the PERONS of the US……the MARCOS’ of the US……corrupt, deranged and hate the very nation they insist are stealing power.

          • reggie

            Excellent analogy, spot on. Soros backed 0b0, Bill Ayers had a fundraiser for him. and he has backed killery. She had a $500,000 lunch with Pakistani businessmen, willie received millions from China for his election, so I’m sure there’s money there too. Re: 0b0 for what it’s worth: http://first-thoughts.org/on/William+Ayers/George+Soros/

          • rifftop

            Thanks……..frustration brings it all out. The stupid media (NY Times) tried to “dirty” Trump with past females he knew…….WELL NEEDLESS TO SAY, IT BACKFIRED, when one of them denied the story in the RAG NY TIMES…..as misquoted, and in fact she praised Trump and always a gentleman. THE NY TIMES IS A USELESS RAG, THAT HAS BEEN HAILED FOR WAY TO LONG AS A PILLAR OF NEWS. They try so hard to mess up Trump and again help him move forward. But when facts on the Clintons are presented…….THEY STAMMER, WHINE AND TRY TO DODGE THE ISSUE. The Clintons are SIMPLY CRIMINALS…..UNINDICTED. They have done more crap against people and continue to be protected by this CORRUPT MEDIA.

          • reggie

            Once again, spot on. I’m totally disgusted with the media. The Washington Times seems to be a little better. But like the rest of them, taken with a pound of salt.

          • rifftop

            yeah……..DC Times seems to be one of the last, unbiased, fact based papers. I would guess there are also many in the south and west, but they are not national , mostly local. Media has been largely bought by the left. What is amazing is that even when the Repubs gain control of the house, senate or WH, the media is still sucking up to the left, meaning the infection is deep and involves the education of journalists of all types being brain washed before they even get to spew the news. This recent crap report, hit job on Trump by the putrid NY Times……..should actually nail their coffin………but it wont, because of the deep rooted leftist roots.

          • reggie

            Are you familiar with Zero Hedge? Some good info, I also use good gopher.com for a search engine of non-MSM info. It’s fairly new and still growing. When the majority of the news is controlled by people like Murdoch, can’t expect much. This is a rather good article, interesting history.
            http://godfatherpolitics.com/why-is-main-stream-media-so-liberal/

    • Webb

      You are 100% right! Total lack of commonsense. O wanted to destroy our country and he seems to be on track to accomplish just that. God help us.

    • Retired

      but our liberal press makes people believe they are a priority.

    • sisterkatie

      Less than 1/2 of 1% of the population. One needs to look deeper into reason the president is so in favor of this issue……

      • Mys77

        We all ready know, it is to degrade America, cause chaos, and give the finger to God. Democrats are evil, all of them.

      • reggie

        it’s a version of a false flag. Divert our attention, hopefully cause rioting, then he can declare martial law. I’m not concerned about transgenders. That’s their problem, and their issue to discuss with God, just leave me out of it. They’ve been around forever. I am concerned about the people who take advantage of the situation. The 16 year old boy who is transgender so he can take showers with the girls. The pedophile, the perverts of every description. Yesterday there was an 8 year old Chicago girl choked, her mother was in the next stall.

    • Helen

      When the Counry allowed marriage of gays they opened a Pandora’s box……We must find out and do what is necessary to CLOSE IT!!!!!

      • Mys77

        It isn’t going to stop and we are going down the most degrading path of depravity…and these are our leaders? The ones we are suppose to respect and trust, and honor? You demonrats have sealed your fate, satan is a demonrat homo.

    • Mys77

      You are a guy right? And you think pedophiles, rapist, voyers, the mentally deranged will not find this too tempting for them to take advantage of ? I find it appaling that Obama and the fag loving demonrats find this of great importance and makes our country great! This is important to women, children and the very fabric of decency, respect, and class. What a dirty filthy comment to think this doesn’t matter! I guess women are not as important to our country as the transgender, homo, pedophile, rapist, voyeur creep in the country!

    • reggie

      Everything you say is true. However, setting people up to be molested, photographed, or like the little 8 year old girl, from Chicago, choked by a man in the ladies bathroom. Her mother was in the next stall. Can be googled. That’s the problem, not the transgenders.

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