The Obama administration’s Justice Department gave North Carolina until today (Monday, May 9, 2016) to respond to its threat to sue the state, and remove federal funds, unless it rejects the will of its own people as expressed in House Bill 2. That legislation requires people to use the public bathrooms and showers that correspond with their given, biological sexual identity as a male or a female.

The Obama administration is engaged in an abuse of federal authority, seeking to compel all states, businesses, associations, churches and organizations to accepts its radical gender-bending agenda. It is openly using the power of the Justice Department to enforce this agenda. The police power of the federal government is being used to enforce a cultural revolution rooted in the notion that anyone can choose or change his or her sex, at any time, and that being able to exercise such a choice in all circumstances — locker rooms in high schools, for example — is a constitutional and civil right.

In response, Governor Pat McCrory filed a Declaratory Judgement Action in the United States District Court. Such a proceeding asks a federal court to interpret a federal law and direct the complainant. The thrust of the complaint is found in this assertion about the Justice Department’s actions:

The Department contends that North Carolina’s common sense privacy policy constitutes a pattern or practice of discriminating against transgender employees in the terms and conditions of their employment because it does not give employees an unfettered right to use the bathroom or changing facility of their choice based on gender identity. The Department’s position is a baseless and blatant overreach.

The governor then asserts that the Justice Department’s action is

an attempt to unilaterally rewrite long-established federal civil rights laws in a manner that is wholly inconsistent with the intent of Congress and disregards decades of statutory interpretation by the Courts. The overwhelming weight of legal authority recognizes that transgender status is not a protected class under Title VII. If the United States desires a new protected class under Title VII, it must seek such action by the United States Congress.

The Governor is correct. According to the Justice Department itself, Title IX of the 1972 Education Amendments to the Civil Rights Act “is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.” “Sex” here clearly means male and female.

“Sex” Doesn’t Actually Mean Sex, Government Believes

However, in a Virginia case, G.G. v. Gloucester County School Board, the Court of Appeals for the Fourth Circuit held that the language of the Title IX regulations, which plainly and intentionally used the word sex to indicate the difference between men and women, is now “ambiguous.” Those judges decided they had the power unilaterally to rewrite the regulations and determine that the word “sex” now means gender identity.

The statutory language in the Code of Federal Regulations concerning the provision of comparable facilities(34 CFR 106.33) reads, “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.” The court simply determined, with no basis in constitutional authority, precedent, or common sense, that the word “sex” must now refer not to biological sex but to chosen gender identity.

The Justice Department is substituting gender identity for sex in the regulatory framework of the Civil Rights Act. The implications of this abuse of power are staggering. Even as this article is being prepared for publication, Attorney General Loretta Lynch just announced the United States Government is suing North Carolina.

The struggle over this matter has now been intensified. I recommend that all concerned citizens be careful which news source you read. We no longer have many objective news sources. Much of the media has become a propaganda arm of an administration given over to a radical cultural agenda.

If the protection given to protected classes like race, color, and sex are now based on a self-determined, fluid notion of “identity” and not objective, factual, scientific, biological data, the efficacy of all anti-discrimination laws is undermined. Any connection between law and objective truth will have fallen victim to Orwellian newspeak masquerading as civil rights.

North Carolina’s Governor Pat McCrory is a man of courage and a model for all public officials. The brave new world of gender-bender madness threatens the real common good and the Obama Justice Department must be stopped.