From State Sen. Bob Cassilly:
Dear Friends,
The issue of transgender use of public restrooms has suddenly become a hot topic for Maryland’s middle and high schools. This occurred after an appeals panel of three federal judges from the U.S. Fourth Circuit issued a ruling in April in a case out of Gloucester County, Virginia, Grimm v. Gloucester County School Board. The appeals panel held for the first time that a federal law, Title IX, which was enacted to prevent sex discrimination in the allocation of federal education funding, now also applies to transgender students. The two judges on that panel appointed by President Obama ruled that federal courts are bound by an opinion issued by the Obama Administration’s Department of Education, which states that Title IX should now be interpreted to provide some general level of support for those who advocate for sex neutral restrooms in public schools. The third judge on that panel, appointed by President Bush, agreed with the trial judge who had dismissed the lawsuit on the grounds that Title IX clearly does not mention transgender issues, was never intended by Congress to address transgender issues, Title IX can be amended only Congress and not the courts or the Department of Education, and matters related to transgender students are by our Constitution within the discretion of state governments and local boards of education. The appeals panel has now sent the Grimm case back to the trial court in Virginia to consider whether Gloucester County violated Title IX by the county’s treatment of transgender students. While the case is far from over, the ruling leaves a wake of anxiety and frustration as transgender advocates move prematurely, supposedly under the cover of the federal law, to compel schools to immediately adopt sex neutral restroom policies.
I have heard from quite a number of citizens who are sincerely distressed by these developments. They are justifiably perplexed by the notion that unelected federal judges and bureaucrats would have the audacity to skirt the federal and state legislative processes and employ administrative dictates to rewrite federal law and overturn state laws and policies embodying ancient traditions and morals concerning the natural differences between the sexes. Those who raise their voices to question such an anti-democratic exercise are rightfully incensed that they are labeled as hateful and bigoted. My short response is that Grimm v. Gloucester is far from over and those who rely upon that decision as the final word act in haste. For those interested, I have provided the following, detailed response.
Title IX, also called the Equal Opportunity in Education Act, states that no person shall be subject to discrimination on the basis of sex in any education program that receives federal financial assistance. Two of the four federal judges involved in the Grimm case, the trial court judge in Virginia and an appeals court judge on Fourth Circuit, appointed by Presidents Reagan and Bush, rightly concluded that Title IX says nothing about transgender students – a point with which the two Obama appointed judges on the three judge appeals panel agree. However, the Obama appointed judges ruled that Congress’s 40 year silence on transgender issues was somehow trumped by the opinion letter issued in 2016 by President Obama’s Department of Education. Those two judges and the Obama Administration insist that, given the Congress’ silence on the matter, courts must defer to that opinion letter as a source of the Obama Administration’s “wise policy” concerning governmental discretion in the application of Title IX.
The Department of Education opinion states that Title IX restrictions now include an as yet undefined level of protections for an as yet undefined class of transgendered students. While some have rushed to the conclusion that the Grimm case and the Department of Education opinion compel Maryland schools to immediately provide wide open restroom access for members of both sexes, that outcome is far from certain because the Grimm case is not yet over and the Virginia school district from which it stemmed is not required by the Fourth Circuit panel’s decision to make any immediate changes to accommodate transgender students. In fairness to Gloucester County, Virginia, prior to the Grimm case, they were already providing transgender students, and any student, with access to single occupant, unisex restrooms and there was no claim that the Gloucester County School District otherwise discriminated against transgender students. The school system simply restricts access to general restrooms to those students whose genitalia are consistent with the sign on a restroom door.
Now that the Grimm case has been sent back to the federal trial court in Virginia, the big issue that remains to be decided by that court is how schools should apply the specific terms of the Department of Education’s opinion letter, which states in pertinent part: “When a school elects to separate or treat students differently on the basis of sex … a school generally must treat transgender students consistent with their gender identity…” One can certainly make a strong case that, consistent with that opinion, schools “generally” treat transgender students the same as all other students when the only different treatment the transgender students receive is their optional use of the single occupant unisex restrooms in addition to the group restrooms assigned to their biological sex.
The Virginia high school student in the Grimm case, who has female sex organs but prefers to be identified as a male, complained that the unisex restrooms in Gloucester County schools, which are open to all students, somehow stigmatizes transgender students. That viewpoint should of course be weighed against the interests of millions of 13-17 year old children whose proper sense of modesty, age appropriate insecurities, and religious and cultural backgrounds might cause them to feel considerable anxiety when a member of the opposite sex, who they have been sitting beside in class for many years, suddenly follows them into the restroom.
This issue is far from decided by the courts and the Obama Administration’s more recently issued “guidance” on the matter simply adds an additional layer of confusion.
Bob Cassilly
Maryland State Senator
District 34 (Harford County)
if you have a wang your a man! nothing confusing about it, if you have a cha cha your a girl!
I wish the Senator’s time would be more effectively spent on pertinent issues affecting Maryland citizens such as improving economic health, reducing violent crime and making this state a more tax and fee friendly state. The rest is a distraction.
The same could be said about the sitting president’s last 7 years.
The president didn’t promise those things….Casssily did!
Even for you CDEV, that is an utterly inane post.
Last I checked the President did not promise things for the State of Maryland!!!!! Some of the things said are not the role of federal government!
The republicans need to do anything to take the spot light off of their joke of a presidential candidate.
Yeah because 80 year old “feel the bern” and a lying cheating feminist slob are infinitely better. I’ll take the arrogant billionaire over a socialist and a liar thanks 🙂
People like you, are the ones that eat the crust I cut off my sandwich with a gold plated butter knife.
Sorry chief, I may use a golf plated butter knife but I don’t take handouts or leftovers. I have worked hard for everything I’ve EARNED in life unlike socialist democrats.
You presumably live in Maryland, a forever Democratic stronghold.
No pro-Republican issues will ever pass here for state law.
You could be a poster child of why this country needs to have college education available to everyone.
I have no idea what a democratic socialist is but Fox news told me the last Jew that was one was named Jesus, and that’s a Mexican name and we need to build a wall to keep those mexicans from working for Conservative business owners…..
Wait what?
Nevermind.
I will take my chances with that joke of candidate. All the Democrats want to do is tax and spend on people who will never attempt to repay the kindness of their country. They just keep taking and taking and the Democrats will not hold anyone accountable. I recently watched a YouTube video where this welfare recipient (government parasite) was demonstrating how to purchase a hair weave with her government assistance card. She was proud of it. Great system . Great member of the Democratic Party. And you wonder why people are supporting a no nonsense business man who is tired of this and all the other liberal BS. Does Mr. Trump have his shortfalls. Absolutely, but hard working Americans are fed up with the liberal thinking and tired of watching our country going down the toilet. This country very much needs to get great again.
Could you provide the title of this video? I would like to view it.
Actually, the Dems did it for them by nominating Clinton, the one person who can make me hold my nose and vote for Trump.
Can’t find the exact video which was sent to me but go to YouTube and search buying a weave with an EBT card. All I can say is fine citizens keeping this country great. Lol.
So was this fraud or was it an actual permissible use of the benefit? If it was fraud while sad Obama has actually made significant gains in cracking down on fraudulent use of benefits. If it was a legitiment use like lifeline than that is a crock and I agree.
I would hope that the Obama administration does or would not condone such a blatant misuse of a program but you never know with that band of liberal fools. I have worked all of my life and for that matter still am. I could really use some hair plugs but I am going to go out on a limb and say that the government won’t give me any assistance. I am just a hard working guy who takes care of his family, pays bills, and pays taxes. It is kind of sad but this kind of gold bricking reminds of when I was a police officer. I would walk apartment complexes at 3 in the morning. Many times I would come upon a group of 5-10 young men, 18-30 years old rolling bones (playing craps) for 20 bucks a roll in the breeze way drinking and using profanity. The odor of weed was pungent. I would think to myself “this is a work night” why aren’t they in bed instead of feeling they had the right to disturb the neighborhood? Then I thought, you know my taxes are paying for their gambling. I am paying for their health insurance. What a great system. There is a big problem and it needs to be fixed.
Since EBT enforcement has ramped up under the Obama administration and prosecution of Fraud has increased it is safe to say he does not condone abuse. A few cases recently are the 25 trafficing prosecutions in Michigan, The Mormon organization in Utah that was prosecuted where a congrgation was amassing benefits for redistribution and trafficing.
Interesting. I notice that you picked a fairly isolated violation by what is most likely considered a group which favors right wing thinking. Respectfully my friend, you need only go to any convenience store which sells alcohol and tobacco and you will see numerous incidents of misuse of government assistance funds. You need to step out in to the real world and just Open Your Eyes. I have not seen the “ramped up” enforcement of abuses in those areas. Maybe the Obama administration picks and chooses their targets. I can only speculate on the criteria.
I picked two different examples. Both from examples on the opposite end of the political spectrum. The Michigan traficing example was convience stores in Detroit! Reading is fundamental!!!
Your point was what again?
King Hussein Obama strikes again. It’s a invitation for more pervs like the one at Towson State a few months ago to get their kicks. Use the bathroom you have the equipment for. If .0001 % of the population gets PO’d so what. TRUMP FOR PRESIDENT!!!
I applaud the Senators’ stance. This whole transgender bathroom issue is a waste of time and taxpayer money. There is nothing wrong with the current time tested separation by genitalia way of allocating bathroom space and money..
As for the abuse of aid to the less fortunate, well it’s been going on as long as there has been taxpayer provided money to the poor.
Well sort of.
There were those who when “relief” first became available under FDR considered it their obligation to repay the money once they were financially able. But times have changed. These days, some people think the country owes them a middle class lifestyle without having to do anything to acquire it.
There are some who still think they should be compensated for ancestors who may or may not have been slaves under he American (white southern) system.
No one ever mentions the working poor who lived in the northern cities and spent their lives as slaves to the factory system. Let’s not even mention the children who started work in these factories at the advanced age of six years old.
What about al the “northern Europeans” who came to America under the indentured servant system. Shouldn’t their descendants also be compensated for their ancestor’s indenturehood? After all, they were in all respects the “slaves” of the people who paid their passage to the new world?
Talking about things like slavery in all its forms makes this transgender bathroom look like the foolishness it is.