With the election of Donald Trump, we can anticipate that Justice Scalia’s Supreme Court seat will be filled by someone less inclined than recent appointees to engage in social engineering, and more inclined to address the menacing Constitutional crises spawned by the relentless growth of the federal government and its administrative machine. But one queer case will likely have to be attended to before a new justice can be seated: the case of the Virginia toilet.
The case involves a boy who wants to use the girls’ bathroom. The school offered him a private bathroom, but he wants to be inside the actual girls’ bathroom, not just not in the boys’ bathroom.
This is an interesting brain teaser. If a boy thinks he’s a girl, which is he? To paraphrase Bill Clinton, it depends what the meaning of sex is. It would be droll if not for the power being wielded behind it.
One can see all sorts of difficulties down the road with the “self-identification” model of sex selection. It’s a new twist on The Emperor’s New Clothes—-everyone will be afraid to tell children what gender they are. Forget about Homecoming Queen—-the new women’s football teams will be a sight to see. “Boy Scouts” will sound as quaint as “National Association for the Advancement of Colored People.”
Guys don’t usually object to girls using their restrooms—-just look at sports stadiums. The problem arises with puberty-anxious girls (or their priggish parents) who want privacy while undressing, even if it's at the expense of the feelings (and rights) of boys who want to watch them.
In a world beset by world-sized problems, in a country where the government Government workers in US now outnumber manufacturing workers by almost 10 million, in a tribunal where local powers ceaselessly battle a four trillion dollar federal leviathan, one would think the Supreme Court—-that unelected, unanswerable, most undemocratic third branch of the central government—-would have bigger fish to fry than Virginia’s toilets.
But that would imply the President, too, has bigger issues to deal with. Lo, to the contrary, President Obama found the time to personally instruct Southerners on this sensitive matter, in the form of a letter telling them just how best to figure out a child’s gender. What sex means.
The letter left some questions still for Obama’s appointed judges to work out, such as why existing bathroom stalls are inadequate to cope with the feelings of transgender children, and why state legislatures and city councils can in no wise adjudge the sentiments of their local constituencies.
But the issue before the Supreme Court is not how Obama became so knowledgeable in this department. The issue is the letter itself: can Obama’s letter trump administrative procedure to tell a state how to use its bathrooms?
Trump—the real Trump’s problem is that the case has been accepted by the Supreme Court (!). If the court validates the letter, then technically, Trump, having inherited the executive mantel, will have won the case! He won't be able to appeal it, repeal it, or do anything but accept the now familiar imprimatur of the Supreme Court as arbiter of our morals. Never mind that Trump would be viscerally opposed to this sort of meddling.
Trump’s only solution would be to moot the case by withdrawing Obama’s letter forthwith. But this would leave Obama’s judges to decide the case, which they would have to do in favor of federal bathroom monitors.
What a sordid state the federal government has come to when these are the issues at hand. Steadily, we trust, Trump and a Republican Congress will winnow the number of social justice warriors on the federal bench, 40% of whom are Obama appointees, but this will take time. And during the while, the left will use the juggernaut of central power to continue the progressive agenda of federal control over everything we do, even down to where we defecate.
The new battle cry is “drain the swamp!” Let's not forget to include those bureaucrat-judges poking their noses in our bathrooms.
Sylvester is a entrepreneur with a background in chemistry, environment as well as being a legendary birder.
Check out some other articles from Sylvester Connor:
THE STUPID BANKERS FROM FRANKFURT
Time for a Protestant on the Supreme Court