Fri, May 13th - 2:22PM
WASHINGTON, May 4 (Reuters) - The
Department of Justice told North Carolina's governor that a new state law
limiting restroom access for transgender people violates the U.S. Civil Rights
Act.
In a letter to Republican Governor
Pat McCrory that was seen by Reuters, the Justice Department said the state was
"engaging in a pattern or practice of discrimination against transgender
state employees,"
Later North Carolina filed suit
against the feds and the doj (dept. of Justice) the core of their response
being: “The lawsuit filed by Berger, North Carolina Senate president pro
tempore and Moore, state House Speaker, reflected the views of many of the
bill's supporters that people "expect to encounter only other people of
the same biological sex" when they are in intimate setting such as
public bathrooms.”
This issue may reach the supreme
court, as well as in other states where such laws are enacted. Brothers and
sisters the doj is claiming such laws constitutes violation of the civil rights
of transgender persons. Actually this is not true, I am posting title IX amendments
of 1972, which has nothing to do with transgender et. Al. persons, but with the
common understanding of sex as biologically based. This is a lot to read,
but please be patient and read it for yourselves and be informed. I will post
something even more interesting next time.
Title IX Of The Education Amendments
Of 1972
20 U.S.C. Ð 1681 - 1688
TITLE 20 - Education
CHAPTER 38 - DISCRIMINATION BASED ON
SEX OR BLINDNESS
•Sec. 1681. Sex. ◦(a) Prohibition
against discrimination; exceptions.
◦(b) Preferential or disparate
treatment because of imbalance in participation or receipt of Federal benefits;
statistical evidence of imbalance.
◦(c) "Educational
institution" defined.
•1682. Federal administrative
enforcement; report to Congressional committees.
•1683. Judicial review.
•1684. Blindness or visual
impairment; prohibition against discrimination.
•1685. Authority under other laws
unaffected.
•1686. Interpretation with respect to
living facilities.
•1687. Interpretation of
"program or activity".
•1688. Neutrality with respect to
abortion.
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections
1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42
sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.
Sec. 1681. Sex
(a) Prohibition against
discrimination; exceptions
No person in the United States shall,
on the basis of sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any education program or activity
receiving Federal financial assistance, except that:
(1) Classes of educational
institutions subject to prohibition in regard to admissions to educational
institutions, this section shall apply only to institutions of vocational
education, professional education, and graduate higher education, and to public
institutions of undergraduate higher education;
(2) Educational institutions
commencing planned change in admissions in regard to admissions to educational
institutions, this section shall not apply
(A) for one year from June 23, 1972,
nor for six years after June 23, 1972, in the case of an educational
institution which has begun the process of changing from being an institution
which admits only students of one sex to being an institution which admits
students of both sexes, but only if it is carrying out a plan for such a change
which is approved by the Secretary of Education or
(B) for seven years from the date an
educational institution begins the process of changing from being an
institution which admits only students of only one sex to being an institution
which admits students of both sexes, but only if it is carrying out a plan for
such a change which is approved by the Secretary of Education, whichever is the
later;
(3) Educational institutions of
religious organizations with contrary religious tenets this section shall not apply to an
educational institution which is controlled by a religious organization if
the application of this subsection would not be consistent with the religious
tenets of such organization; (my personal notes on this is that any church being besieged by groups demanding "inclusiveness of homo-trans-etc. persons based on this Law is false.)
(4) Educational institutions training
individuals for military services or merchant marine
this section shall not apply to an
educational institution whose primary purpose is the training of individuals
for the military services of the United States, or the merchant marine;
(5) Public educational institutions
with traditional and continuing admissions policy
in regard to admissions this section
shall not apply to any public institution of undergraduate higher education
which is an institution that traditionally and continually from its
establishment has had a policy of admitting only students of one sex;
(6) Social fraternities or
sororities; voluntary youth service organizations
this section shall not apply to
membership practices -
(A) of a social fraternity or social
sorority which is exempt from taxation under section 501(a) of title 26, the
active membership of which consists primarily of students in attendance at an
institution of higher education, or
(B) of the Young Men's Christian
Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp
Fire Girls, and voluntary youth service organizations which are so exempt, the
membership of which has traditionally been limited to persons of one sex and
principally to persons of less than nineteen years of age;
(7) Boy or Girl conferences
this section shall not apply to -
(A) any program or activity of the
American Legion undertaken in connection with the organization or operation of
any Boys State conference, Boys Nation conference, Girls State conference, or
Girls Nation conference; or
(B) any program or activity of any
secondary school or educational institution specifically for -
(i) the promotion of any Boys State
conference, Boys Nation conference, Girls State conference, or Girls Nation
conference; or
(ii) the selection of students to
attend any such conference;
(8) Father-son or mother-daughter
activities at educational institutions
this section shall not preclude
father-son or mother-daughter activities at an educational institution, but if
such activities are provided for students of one sex, opportunities for
reasonably comparable activities shall be provided for students of the other
sex; and
(9) Institution of higher education
scholarship awards in "beauty" pageants
this section shall not apply with
respect to any scholarship or other financial assistance awarded by an
institution of higher education to any individual because such individual has
received such award in any pageant in which the attainment of such award is
based upon a combination of factors related to the personal appearance, poise,
and talent of such individual and in which participation is limited to
individuals of one sex only, so long as such pageant is in compliance with
other nondiscrimination provisions of Federal law.
(b) Preferential or disparate
treatment because of imbalance in participation or receipt of Federal benefits;
statistical evidence of imbalance
Nothing contained in subsection (a)
of this section shall be interpreted to require any educational institution to
grant preferential or disparate treatment to the members of one sex on account
of an imbalance which may exist with respect to the total number or percentage
of persons of that sex participating in or receiving the benefits of any
federally supported program or activity, in comparison with the total number or
percentage of persons of that sex in any community, State, section, or other area:
*Provided*, That this subsection shall not be construed to prevent the
consideration in any hearing or proceeding under this chapter of statistical
evidence tending to show that such an imbalance exists with respect to the
participation in, or receipt of the benefits of, any such program or activity
by the members of one sex.
(c)"Educational
institution" defined
For purposes of this chapter an
educational institution means any public or private preschool, elementary, or
secondary school, or any institution of vocational, professional, or higher
education, except that in the case of an educational institution composed of
more than one school, college, or department which are administratively
separate units, such term means each such school, college, or department. ( My notes, you can see clearly here there is nothing concerning "non binary sex" or the aforementioned organizations traditionally serving one sex as being discriminatory.) Series
to be continued. love serola
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