By Jon Dougherty
When Democrats in the House aren’t using their majority status to ceaselessly pester and harass POTUS Donald Trump, which is often, they are spending their political capital on activism rather than legislation that would advance the success and status of our constitutional republic.
That was in evidence again last week as the House passed (with eight Republicans) a bill that will, if it becomes law, destroy female sporting events in high school.
First, a little background.
In the early 1970s, Congress passed a series of Educational Amendments that included a section called Title IX. According to Feminist.org (yeah, I know, but stay with me), the law “prohibits discrimination against girls and women in federally-funded education, including in athletics programs.”
The site noted further:
As a result of Title IX, women and girls have benefited from more participation opportunities and more equitable facilities. Women who were under 10 when Title IX passed have much higher sports participation rates than women who grew up before Title IX.
So, are you with me? Among other things, Title IX brought a new level of equality to women’s sports, a good thing.
Fast-forward to last week. As reported by The Western Journal:
The Democratically controlled House of Representatives on Friday voted 236-173 in favor of the Equality Act, which would require schools to include male athletes who identify as transgender girls on female sports teams.
Eight Republicans crossed party lines to vote for the bill, which had unanimous Democratic support.
The bill amends the Civil Rights Act of 1964 to make “sexual orientation and gender identity” protected characteristics under federal anti-discrimination law.
Among other things, that would force public schools to expand female athletic teams to include biological males who identify as transgender girls.
Republican Florida Rep. Greg Steube introduced a last-minute amendment to the bill that would have preserved Title IX’s protections of female athletics teams, but Democrats rejected it.
So, two things:
— Current anti-discrimination protections are already adequate enough to protect so-called ‘transgenders’ which is a type of “sexual orientation;”
— Democrats patently do not care about preserving all-female competition at the high school level that was hard-fought and hard-won nearly a half-century ago, choosing to toss them away for the short-term political benefit of ‘protecting’ perhaps less than one-half of one percent of the U.S. population.
But aside from all of that, there is a larger question here that needs to be asked and, more importantly, answered by Democrats: What gives them the constitutional authority and moral right to decide what local high schools can and cannot do with their gender-specific sports teams?
Whatever you think of either political party, there is no way on God’s green Earth that our founding fathers believed for a nanosecond that the government they created with their blood, treasure, and sacrifice would or should be in a position to engage in “gender identity” politics on its way to deciding how a local school board can structure a sports program.
If ever a piece of legislation blew away the Tenth Amendment, this one is it. Scour Article 1., Sect. 8 of the Constitution all you will but you’re not going to find ‘regulation of local school districts’ anywhere on Congress’ list of duties and responsibilities.
In fact, as the Tenth Amendment states very succinctly and very clearly, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
So, local school districts are state matters, not federal matters. Not matters for Congress to decide.
It’s bad enough that Democrats — the ‘party of women’ — just turned into supersized hypocrites with the wrongly-named “Equality Act.” But imposing their own political agenda by further usurping the power of states is the stuff of authoritarians.
Democrats mistakenly believe the Legislative Branch has the power to reach into every single American school district with mandates of any sort, let alone one so culturally offensive. It doesn’t. It never has had that authority.
These cases are precisely why the founders created the Judicial Branch. If, by some chance, this God-awful legislation makes it past POTUS Trump and into law, let’s hope someone has the wherewithal to take it to court and challenge it on constitutional grounds.
While name-calling and finger-pointing is what qualifies as serious debate in official Washington political and media circles these days, the real question to be asked is why Democrats believe Congress has the power to regulate high school sports teams in the first place.
- Follow Jon Dougherty on Twitter at @JonDougherty10