
If you thought “Don’t ask, don’t tell” was an ambiguous policy, try understanding the rules affecting transgenders. Until this past March, a transgender person could walk into most any bathroom in the state without drawing attention, providing that he or she went into a private stall. We should have left well enough alone. Unfortunately the crusading mayor of Charlotte decided to politicize the issue by passing an ordinance that would have required all private businesses to accommodate transgenders who wanted to use the bathroom of the gender to which they identified. In doing so, Charlotte City Council superseded its authority under the state constitution.
That illegal ordinance forced the General Assembly to act, and act fast. Given only a matter of days to respond before the Queen City law went into effect, Republican legislators drafted what became known as House Bill 2, or HB2. The bill was backed by House Republicans and supported by eleven House Democrats. A number of Senate Dems were also prepared to support HB2, so Senate leadership staged a walk-out, then claimed they were denied input. The walk-out was politically motivated and disingenuous.
Despite the uproar and objections, HB2 does not prevent private businesses from accommodating transgenders. It only requires transgenders to use state-owned bathrooms and facilities in accordance with their biological sex. The problem is that such a law is virtually unenforceable. Moreover, language in HB2 included extraneous provisions that had nothing to do with the Charlotte ordinance. For example, state employees who have a workplace grievance would have to take their case to Federal court. Meanwhile HB2 left out language that made it seem as though people of color and sexual orientation could be discriminated against. Clearly the wording in HB2 was ill-advised, but with no time to conduct public hearings before the Charlotte ordinance went into effect, Governor McCrory signed the bill into law.
Before the ink was dry on McCrory’s signature, HB2 ignited a firestorm of controversy in which performers cancelled concert tour dates in North Carolina, and businesses threatened to leave the state. And, just recently, the NBA announced it was moving its 2017 All-Star Game from Charlotte. Regardless of how odious HB2 is, nothing in the bill would prohibit transgender patrons from using the bathroom of their choice at the Charlotte Coliseum. Nevertheless, the NBA commissioner opted to make a political point. In the meantime, various courts as well as state and federal officials have weighed in on HB2, leaving government agencies, businesses, and sports venues in a quandary as to how to deal with HB2. But while McCrory awaited a definitive ruling from the high court, President Obama jumped into the fight and superseded his authority in the process.
For better or worse, HB2 had nothing to do with public education per se, yet the President sent a letter to 13,000 school superintendents, ordering them to accommodate transgender students or else face the loss of federal funding. It was a cruel threat which, if enforced would harm the students who could least afford the loss of federal support. McCrory was compelled to take legal action, and that caused Attorney General Loretta Lynch to double down on her boss’s threat, by claiming that HB2 violated the civil rights of students under provisions of Titles VII and IX.
Apparently Ms. Lynch hadn’t read either regulation. Title VII deals with discriminatory employment practices, not school bathrooms or locker rooms. It also does not extend protections to anyone who merely “identifies” with a particular race, color, religion, or gender. HB2 also does not violate Title IX, a law enacted in 1972 to ensure that female students would have access to educational and athletic programs on par with those of male students. In fact, Title IX lists ten specific criteria for determining if equal treatment exists among the sexes. Criteria number 7 deals with locker rooms, showers and bathrooms in public schools, and defines them as “competitive facilities”. Applying HB2 to Title IX, that means a transgender student is only guaranteed an “equal” facility, not the same shower as a student whose biological gender is one with which the transgender student “identifies”.
It’s no wonder that Judge Jeanie Pirro said, “The White House does not have the force of law. They cannot force the schools to do this. This is a local issue. This is a state issue. This is not about discrimination, it’s about accommodating students”.
Last week, a federal judge in Texas agreed with Pirro. U.S. District Court Judge Reed O’Connor blocked Obama’s misguided threats to schools, by ruling that Title IX “is not ambiguous about sex being defined as the biological and anatomical differences between male and female students as determined at their birth.”
Suddenly HB2 has gone from being a bill designed to invalidate a Charlotte ordinance, to an excuse for the White House to order that educators allow a high school boy who thinks he’s a girl, to shower with a high school girl who is biologically a girl.
Right now, everything is up in the air, but if Hillary Clinton leads a Democratic sweep in November, look for Roy Cooper and the General Assembly to repeal HB2. And look for Attorney General Lynch (who will undoubtedly retain her job under a Clinton administration) to resurrect Obama’s threat to schools, which will be upheld by a newly liberal Supreme Court.
HB2 opened up a can of worms that no one wanted or needed, yet it may end up affecting every school and business in the nation. I’m no fan of Donald Trump, but if you don’t want your daughter having to shower with a boy who identifies as a girl, then you better not vote for Hillary. And if you’re too embarrassed to admit that you’re voting for Trump, then just keep your vote to yourself. In other words, “Don’t Ask, Don’t Tell.”





























Posted September 6, 2016 By Triad TodayJill Stein for President
Candidates of the female persuasion have been running for president as far back as 1872, so the idea of their participation in that arena is not exactly big news. This year, however, a woman secured the presidential nomination of a major political party, and that IS big news. But if 2016 is to be the year that women break through the glass ceiling at 1600 Pennsylvania Avenue, then we should make sure that the right woman is doing the breaking. For me, that woman is Dr. Jill Stein, this year’s Green Party nominee.
Jill is a medical doctor and researcher. She is also a wife, and mother to two adult children. Stein and her husband live in Massachusetts, where she twice ran unsuccessfully for governor. Despite those political setbacks, Jill remained active and engaged, especially when it comes to health issues. In one instance, she led a successful campaign to reform the burning of waste at coal plants in order to protect women and children from mercury contamination. She also co-founded a state coalition for healthy communities.
Dr. Stein has also championed a number of environmental causes, such as renewable energy and the creation of green jobs, both of which she believes are inexorably linked. Speaking of which, in her 2012 run for the White House (also as the Green Party nominee), Jill proposed a “Green New Deal”, a plan inspired by FDR’s post-Depression program. Her goal was and still is to see that everyone who wants a job shall have one.
Stein’s platform also includes creating a “Medicare for All” system. And, she wants to eliminate student debt. “We found a way to bail out Wall Street, the guys who crashed our economy with their waste, fraud, and abuse… we need to bail out our younger generation who can be… the stimulus package of our dreams,” she said during a CNN Town Hall meeting.
Dr. Stein also wants to cut military spending by as much as 50%, mainly by closing most of our overseas bases, and bringing our soldiers home from all of the nations we have invaded, bombed, or otherwise interfered with. “Since 2001, we’ve spent three trillion dollars (on wars), and we’ve killed over a million Iraqi people. We’ve lost tens of thousands of U.S. soldiers, and what do we have to show for this? Failed states, mass refugee migration, and repeated terrorist threats that get worse with each cycle,” said Stein. A reduction in military spending, she says, together with new taxes on Wall Street speculators, would pay for her proposed reforms.
Jill understands public policy, and her proposals are sound. Moreover, she is a breath of fresh air in a campaign that has been filled with vitriolic bombast between two major party candidates, both of whom seem to be lacking in the character department. Stein is thoughtful and articulate, and she projects a kind of genuine compassion for others that is as evident in her smile as it is by the words she speaks. She believes in what she says, and her message never changes, no matter which audience may be listening. In short, Dr. Jill Stein would make an excellent president.
Unfortunately that doesn’t count for much here in North Carolina, where her name won’t even appear on the ballot this fall. That’s because our state’s collusionary two-party system requires a third party candidate to collect approximately 90,000 signatures to gain a spot on the ballot. We can still write-in Jill’s name on election day, but Republicans in the General Assembly may soon regret not having changed the requirements for ballot access, which would have made it more convenient for us to mark our choice. If Jill was on the ballot, she would siphon even more votes away from Hillary, and that could hand the state over to Trump. Spilled milk. Meanwhile, Dr. Stein is polling at about 4% nationally, which means she will be excluded from the upcoming debates. Jill commented on that exclusion during the CNN Town Hall. Said Dr. Stein, “This is America, and we not only have the right to vote, we have the right to know who we can vote for.”
This may sound naive, but if more people would open their minds, and listen to what Jill has to say, then she could win the election. After all, who wouldn’t like to stop paying healthcare premiums? Who wouldn’t like to see us stop going to war, and instead use that money to improve our communities and create jobs?
And what student wouldn’t like to start life after college without the burden of a lifelong debt? These are not rhetorical questions. In fact, Stein believes that if the 43 million students who struggle with college loans would vote for her, she could win the Presidency.
Asked at a recent rally to describe her candidacy and the movement that she is leading, Jill said, “We are what democracy looks like.” I agree, but here in North Carolina, it looks like Democracy means I’ll be bringing a pencil with me to the polls on November 8th.