First, let me say that I believe House Bill 2 needs to be repealed. I also believe that transgender people should be able to use the bathroom of their choice, just like they were doing before all this mess started. And finally, I believe that bitter right-wing social media trolls who routinely bash transgender people would benefit from a bit of empathy. The lack of it is called narcissistic personality disorder.
That said, while I may agree with the sentiment, I don’t like Obama’s edict on transgender bathroom use. The case is already before a court that’s likely to rule in his favor. His interference at this time throws fuel on a fire that’s already burning and looks a lot like heavy-handed government.
Obama’s move also steps on the eloquent response to HB2 articulated by Attorney General Loretta Lynch. Her move put the Justice Department on the same page as a ruling by the federal court and other rulings by the Equal Opportunity Employment Commission and Education Department. Obama’s move feels more like scoring political points than achieving political goals.
Since the 2014 elections, Obama has been doing a lot of legislating from the White House. Like this measure, I’ve usually agreed with his positions but I’m less comfortable with his methods. I have an innate distrust of authority and his willingness to push the limits of Presidential power makes me uncomfortable.
I believed that Bush and Cheney were often acting outside of their limits on issues of national security. The failure to reel them in has left us with less privacy and a legacy of torture that has damaged our credibility when calling for human rights from other countries. We should be wary of the unchecked use of executive power.
I’m not as worried about what Obama will do as I am about what one of his successors might pull. What would keep an ardently pro-life president from declaring that all fetuses are humans and that abortion interferes with their right to life, liberty and the pursuit of happiness?
We have a system with checks and balances. The courts right now are doing a pretty good job of protecting people’s civil rights when it comes to matters of gender and sexuality. Obama should trust them to keep state legislatures in line on these issues.
The President has been frustrated by a Congress that’s increasingly dysfunctional and seems to be at war with itself. Gridlock has dominated the legislative branch for most of this decade and even increased when Republicans gained control of both Houses of Congress. In that environment, it’s understandable that the Obama would want to use his power to get things done. That still doesn’t make it right.
We need to make our system of government work again. Congress needs to start doing its job. The president needs to act within constitutional limits. And the people need to start voting at high levels to demand the government we deserve.
Thomas Mills is the founder and publisher of PoliticsNC.com. Before beginning PoliticsNC, Thomas spent twenty years as a political and public affairs consultant. Learn more >
Obama is only stating the obvious and is in compliance with the Constitutional Separation of Powers in that he is only seeking to enforce anti-discrimination laws already on the books. It is Republicans who are ignoring these laws and attempting to circumvent the Constitution by trying to sneak around them.
Larry, what are you talking about? Where did Mr. Mills use the words “dark skinned”? I re-read what Mr. Mills wrote. There is no pandering there. He made a rational analysis of the situation and explained himself reasonably well. Other than your quibble over whether Obama issued an edict or a guideline you did not offer any substantive dispute with what Mr. Mills wrote. Do you disagree with what Mr. Mills wrote or are you simply disappointed or angry that a die-hard Democrat such as Mr. Mills would say anything about a Democratic President that was at all critical? We need more politicians like Mr. Mills who think for themselves rather than march lock-step with their parties.
First of all it is not an edict. They are guidelines that should be followed based on recent court case (a high school) in Virginia. In general it has become more and more apparent people simply do not understand what transgender means or is. And finally Mr. Mills I realize you are running for Congress in a red district against a rock rib conservative but I view this post unlike most of your writing is simply pandering to your district conservatives and taking a pot shot at Obama will play well with them and maybe vote for you. But at whose expense? Other than your credibility I mean.
I just took a second look….the very “dark skinned” Obama was a nice tea party touch. That should get you loads of rightist votes in your down home district. Wow Thomas you are trying really really hard aren’t ya. Disappointing would not describe this.
I agree with Thomas on this. The courts might surprise us, but they are likely to rule favorably toward transgender individuals. Obama just added fuel to the fire and gave the GOP the opportunity to stir Obama-hatred that, right or wrong, they have been able to successfully spin into positive election results for them. This is also a reminder of overreach. I have been concerned about the use of executive orders since the days of Bill Clinton. We need to slow that train down.
I honestly do not understand what the GOP in the NCGA hoped to gain from this debacle. They could fix but won’t. I guess it’s pride. If the bathroom provisions of HB2 were put to a vote, it would win, but I don’t think this issue is going to drive conservatives out to the polls who were not going there anyway. And McCrory is a terrible spokesperson for this whole thing. I hang my head every time I see him on TV.
Very well stated as usual.
And it’s actually a life line to the Republicans running uphill for re-election.
I disagree, and my reason has nothing to do with any love for executive ordering or overreach.
What was issued was not new law, or a mandate, or an edict. It was a clarification of how existing law is being interpreted and thus can be enforced.
Further, Obama’s DOJ and DOE were both prodded and well-advised to offer this clarification for two reasons. First, McCrory, in his response, acknowledged his own confusion on the matter, and asserted that a clarification was necessary. “‘The Obama administration is bypassing Congress by attempting to rewrite the law and set restroom policies for public and private employers across the country, not just North Carolina. This is now a national issue that applies to every state and it needs to be resolved at the federal level.’ He said the lawsuit was an attempt to “clarify” national law.” So McCrory is the one who called it “a national issue” and asking for national clarification.
Then, in a letter to DOE, all 10 of NC’s US House reps essentially demonstrated the very same confusion of the law, plus a failure to understand recent court interpretations, prompting DOJ to make its own understanding/interpretation of the law very necessary and clear. “As Members of Congress from North Carolina, ….. we strongly believe that any move to withhold federal funding from North Carolina is without legal merit and an unprecedented overreach by the federal government.” They argued that Title IX of the Civil Rights Act does not specifically address “gender identity.”
IMO, US DOJ/DOE were essentially forced to clarify its position. The courts will tell us whether that position will prevail.