Obama’s Transgender Bathroom Decree, Legal Merit?

Obama’s Transgender Bathroom Decree, Legal Merit?“Obama’s Transgender Bathroom Decree, Legal Merit?”

In response to Obama’s decree calling on our public schools to allow access to bathrooms, locker rooms, showers, etc. based on one’s gender identity or face lawsuits and/or the loss of federal aid.


A letter, signed by officials from the Education and Justice departments, reads in part,

“a school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity,” Read the full letter [HERE]

Obama’s decree uses Title IX of the United States Education Amendments of 1972 to make an argument that public schools are legally obligated to allow access to opposite sex bathrooms, locker rooms, showers, etc.

Title IX? What about Title 34 sec 106.33?


§ 106.33 Comparable facilities.

“A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.”

(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374)

I find it ironic that Obama sights Title IX of the United States Education Amendments to bolster his decree when Title 34 sets forth the requirements for public school facilities.

For the record, I find it redundant to use the phrase “biological sex” because sex is biological. Yes folks, your birth certificate does not list your gender, it lists your sex. From here on out I will refer to “biological sex” as “sex.”

The Legality.

The Obama Administration and many other progressive organizations would have you believe that sex and gender are interchangeable but they are in fact, not. In a nutshell; Sex is biological and is determined at birth where gender is a state, meaning it fluctuates based on a person’s perception of others and/or themselves and has no biological requirement.

Anyway, Obama’s Decree which argues that Title IX of the United States Education Amendments of 1972 protects one’s gender, proves to be interesting when considering Title 34 Sec 106.33 . Title 34 defines the facility requirements in our public schools based on one’s sex. It makes no mention of gender and further implicates sex as being biological through the phrases “students of one sex” and “students of the other sex.” This means that there are two sexes defined in the act.

The President, Department of Education (“DOE”) and/or any court that skews the line between sex and gender by allowing people to choose their public school facilities based on gender is acting unlawful. President Obama does not have the power to change Title IX, neither does the DOE or the courts for that matter. The only body of government that can change such documents is the legislative branch. If Obama, the DOE and/or the courts order that our school’s public facilities are based on gender, then they are effectively changing the act/law, which in turn is unlawful.

Obama’s progressive agenda to redefine sex and gender is wreaking havoc in our school districts. These changes, brought to reality through Political Correctness (“PC”), are a clear and blatant violation of our individual privacy rights and have no legal merit. Title 34 is quite clear; it allows our public schools to maintain separate but equal facilities based on sex, in other words male or female.


TITLE IX: § 106.33 Comparable facilities
Dear Colleague Letter on Transgender Students


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