Great Legal Decision on Obama’s Genderless Bathrooms

Post from: Washington Blade, America’s Leading LGBT News Source

Judge blocks guidance on bathroom access for trans students

A federal judge has blocked the enforcement of guidance from the Obama administration prohibiting schools from discriminating against transgender students, including denying them access to public restrooms consistent with their gender identity.

U.S. District Judge Reed O’Connor, an appointee of former President George W. Bush, issued the preliminary injunction late Sunday in response to a lawsuit filed in May by Texas Attorney General Ken Paxton on behalf of 12 states and two school districts.

In the 38-page order, O’Connor writes the case “presents the difficult issue of balancing” the rights of transgender students and privacy concerns, but he nonetheless sides with states suing the Obama administration.

“The sensitivity to this matter is heightened because defendants’ actions apply to the youngest child attending school and continues for every year throughout each child’s educational career,” O’Connor writes. “The resolution of this difficult policy issue is not, however, the subject of this order. Instead, the Constitution assigns these policy choices to the appropriate elected and appointed officials, who must follow the proper legal procedure.”

In May, the Departments of Justice and Education said schools are barred from discriminating against transgender students, including in bathroom use, under the prohibition of gender bias in Title IX of the Education Amendments of 1972. That means schools refusing to allow transgender students to use the restroom consistent with their gender identity are at risk of losing federal funds.

The court order doesn’t devote significant discussion to why transgender students should be subjected to schools barring them from restroom use consistent with their gender identity, but cites the intent of Congress in passing Title IX and portions of the law that allow schools to segregate students by gender.

“Without question, permitting educational institutions to provide separate housing to male and female students, and separate educational instruction concerning human sexuality, was to protect students’ personal privacy, or discussion of their personal privacy, while in the presence of members of the opposite biological sex,” O’Connor writes.

Critics say Paxton and the states he represents lacked standing to sue the Obama administration over the guidance, but O’Connor writes they’re able to sue because the guidance is “clearly designed to target plaintiffs’ conduct.”

“Guidelines will force plaintiffs to consider ways to build or reconstruct restrooms, and how to accommodate students who may seek to use private single person facilities, as other school districts and employers who have been subjected to Defendants’ enforcement actions have had to do,” O’Connor writes. “That the guidelines spur this added regulatory compliance analysis satisfies the injury in fact requirement.”

O’Connor writes the injunction “should apply nationwide” and states that don’t wish to comply with the order “can easily avoid doing so by state law that recognizes the permissive nature.” The injunction, O’Connor writes, shouldn’t interfere with similar cases pending before federal courts on transgender bathroom use and “parties should file a pleading describing those cases so the court can appropriately narrow the scope if appropriate.”

Kasey Suffredini, chief program officer for Freedom for All Americans, called the ruling a “step back for transgender protections,” criticizing O’Connor for the decision and refusing to hear from a single transgender student during court proceedings.

“It is shameful that opponents of equality have forced this lawsuit forward in an attempt to make transgender Americans pawns in a political game; but this ruling will not stand the test of time,” Suffredini said. “All transgender Americans – particularly transgender youth – deserve to be treated with dignity and respect. No singular court ruling negates the right of all Americans to receive equal treatment under the law – that’s one of our nation’s founding values.”

Paxton in a statement after the ruling said the plaintiff states are “pleased” with the decision and it restricts “the Obama administration’s latest illegal federal overreach.”

“This president is attempting to rewrite the laws enacted by the elected representatives of the people, and is threatening to take away federal funding from schools to force them to conform,” Paxton said. “That cannot be allowed to continue, which is why we took action to protect states and school districts, who are charged under state law to establish a safe and disciplined environment conducive to student learning.”

Dena Iverson, a spokesperson for the U.S. Justice Department, said the Obama administration is considering the order and whether to appeal to the U.S. Fifth Circuit Court of Appeals.

“The department is disappointed in the court’s decision, and we are reviewing our options,” Iverson said.

Given the broad nature of the litigation — which sought not only to bar enforcement of the Obama administration guidance, but general enforcement of federal laws against gender discrimination to protect transgender people — the nature of the injunction is sweeping and one that defies years of legal precedent establishing transgender discrimination amounts to gender discrimination.

Five civil rights organizations that had submitted a friend-of-the-court brief in the lawsuit – Lambda Legal, American Civil Liberties Union and ACLU of Texas, National Center for Lesbian Rights, Transgender Law Center and GLBTQ Legal Advocates & Defenders — issued a joint statement in the aftermath of the injunction saying nothing has changed.

“A ruling by a single judge in one circuit cannot and does not undo the years of clear legal precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination,” the statement says. “This unfortunate and premature ruling may, however, confuse school districts that are simply trying to support their students, including their transgender students. So let us make it clear to those districts: your obligations under the law have not changed, and you are still not only allowed but required to treat transgender students fairly.”

The statement also criticizes O’Connor for a decision the organizations say “targets a small, vulnerable group of young people – transgender elementary and high school students – for potential continued harassment, stigma and abuse.”

This ruling isn’t the first anti-LGBT decision made by O’Connor. Prior to the U.S. Supreme Court decision last year in favor of same-sex marriage nationwide, O’Connor issued an injunction allowing married same-sex couples to access benefits under the Family & Medical Leave Act in states without marriage equality.

 

The Authority of the Internet is Turned Over in 2 Months

This is surrender of the one place in the world where there is some freedom, the internet. The transfer date is September 30, 2016. Is this a big deal? Yes…..China and Russia don’t have a 1st amendment and it appears only one senator is waging the war to stop the transfer, Ted Cruz.

“From the very first days of the internet, the American government has maintained domain names and ensured equal access to everyone with no censorship whatsoever,” Cruz says in the video. “Obama wants to give that power away.”

That move poses a “great threat” to national security, Cruz said. Starting on the transfer date of Sept. 30, ICANN control could allow foreign governments to prohibit speech that they don’t agree with, he added.

Cruz has added an amendment to the Senate’s Highway Bill that would require an up-or-down vote on the administration’s plan to give ICANN control over names and numbers. And Cruz’s Protecting Internet Freedom Act, proposed with Republican Rep. Sean Duffy (Wis.), would prevent the transfer of authority to the global group. More from The Blaze.

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Twenty-five advocacy groups and some individuals have told leaders in the Senate and the House of Representatives that key issues about the transition are “not expected to be fully resolved until summer 2017.”

“Without robust safeguards, Internet governance could fall under the sway of governments hostile to freedoms protected by the First Amendment,” wrote the groups, which include TechFreedom, Heritage Action for America and Taxpayers Protection Alliance. “Ominously, governments will gain a formal voting role in ICANN for the first time when the new bylaws are implemented.” Read more here from PCWorld.

America to hand off Internet in under two months

WashingtonExaminer: The Department of Commerce is set to hand off the final vestiges of American control over the Internet to international authorities in less than two months, officials have confirmed.

The department will finalize the transition effective October 1, Assistant Secretary Lawrence Strickling wrote on Tuesday, barring what he called “any significant impediment.”

The move means the Internet Assigned Numbers Authority, which is responsible for interpreting numerical addresses on the Web to a readable language, will move from U.S. control to the Internet Corporation for Assigned Names and Numbers, a multistakeholder body that includes countries like China and Russia.

Critics of the move, most prominently Texas Republican Sen. Ted Cruz, have pointed out the agency could be used by totalitarian governments to shut down the Web around the globe, either in whole or in part.

Opponents similarly made the case that Congress has passed legislation to prohibit the federal government from using tax dollars to allow the transition, and pointed out that the feds are constitutionally prohibited from transferring federal property without approval from Congress. A coalition of 25 advocacy groups like Americans for Tax Reform, the Competitive Enterprise Institute, and Heritage Action sent a letter to Congress making those points last week.

While those issues could, in theory, lead to a legal challenge being filed in the days following the transfer, the administration has expressed a desire to finish it before the president leaves office, a position that Strickling reiterated.

“This multistakeholder model is the key reason why the Internet has grown and thrived as a dynamic platform for innovation, economic growth and free expression,” Strickling wrote. “We appreciate the hard work and dedication of all the stakeholders involved in this effort and look forward to their continuing engagement.”

The Larger Covert Actions by Soros, Access, Policy, Chaos

Go here for communications regarding the United StatesGo here for global actions by Soros.
The manipulation is epic as is his influence on policy, money and mandates. His access to powerbrokers can never fully be known or understood. Bottom-line is chaos. Below should help.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Here it Comes, Another Sin Tax, Sodas

Ballot measures are slated for just about everyday and they range from the sublime to the ridiculous…have you paid any attention?

Just in case you need an overview:

Who’s backing 2016 ballot measures?

CPI:  National advocacy groups are gearing up to push state ballot measures in 2016 on topics ranging from the minimum wage to marijuana legalization. Below is a sampling of groups and their plans.

For a sampling some of the work and in sight has already been provided such that you should be on alert by going here.

Soda tax battle brewing at 2016 ballot box

June 8, 2016: Opponents of a proposed sugary drink tax demonstrate outside City Hall in Philadelphia. June 8, 2016: Opponents of a proposed sugary drink tax demonstrate outside City Hall in Philadelphia. (AP)

FNC: Local governments are always thirsty for revenue – and their taste for a soda tax keeps getting stronger, fueling a new battle this fall with America’s beverage industry.

Boosted in part by anti-soda warrior and former New York City Mayor Michael Bloomberg, proponents are trying to get a tax on sugary drinks approved at the ballot box in at least four more municipalities.

The initiatives mark a resurgence of sorts for the soda tax crusade. According to the American Beverage Association, voters have rejected 43 such measures in the past eight years. But in a major win for the movement, the Philadelphia City Council approved a 1.5-cents-per-ounce soda tax this past June.

Now, three California municipalities – San Francisco, Oakland and Albany – are slated to vote on a soda tax of a penny per ounce. Boulder, Colo., could double that, if voters OK a 2-cents-per-ounce tax. The initiatives, which have been approved for the ballot, target both sugary drinks and diet drinks.

Advocates cite health benefits in pushing the proposals. “The goal of taxes on sugar-sweetened beverages is to reduce consumption of sugar-sweetened beverages, which science has proven to be directly correlated to detrimental health impacts such as diabetes, obesity and heart diseases,” San Francisco Board of Supervisors member Malia Cohen told FoxNews.com.

Bloomberg, often ridiculed for his efforts to ban the big gulp in his home city, spent $1.6 million to advocate for the passage of the Philadelphia tax and reportedly will be bankrolling efforts in San Francisco and Oakland as well.

But the American Beverage Association is staunchly opposed. ABA spokeswoman Lauren Kane said the Philadelphia tax is highly unpopular and shouldn’t be a model for any other city.

“This is a regressive tax, it raises the price of groceries and it’s discriminatory because it singles out a single product in the grocery cart,” Kane told FoxNews.com. “Once the government reaches into the grocery cart, everything else is vulnerable.”

The beverage association contends that soda consumption is at a 30-year low, yet obesity has continued to climb in recent years. Further, it notes West Virginia, Arkansas and Tennessee all imposed some soda tax, but rank among the most obese states in the nation.

“There is no single product that is responsible for obesity,” Kane said.

So far, only Berkeley, Calif., has enacted such a tax with voter approval, OK’ing a 1-cent-per-ounce tax in the 2014 election.

If a city the size of San Francisco adopts a tax at the ballot box, it could be a model for others, advocates hope.

“San Francisco has always been a pioneer in landmark legislation and I have no doubt the passage of a sugary beverage tax in San Francisco will encourage other municipalities to seriously consider implementing a similar tax,” said Cohen, who led the effort to have the measure placed on the ballot.

San Francisco would appear the most likely to adopt the measure since 56 percent of voters backed a proposed 2 percent tax increase in 2014. It needed a two-thirds majority to pass because the tax revenue was dedicated for a specific purpose. This year, it’s a proposed 1 percent tax that requires only a simple majority, since the revenue would be going to the general fund. If approved, the tax is projected to bring in $14.4 million annually – money supposedly to be used for health and nutrition programs.

Therein lies another concern. Kane said the revenue would be going into the general budget “with no strings attached” – so voters wouldn’t even know if the revenue would be used “to fight obesity.”

The ABA has a formidable foe in Bloomberg. He telegraphed his plans in a statement issued after the Philadelphia tax victory.

“In November, voters in three California cities will take up the issue, and it may also come before voters in Boulder, Colorado,” Bloomberg said. “When cities lead the way, solutions that were once considered non-starters can quickly catch fire and spread around the world. It would not be the first revolution Philadelphia has sparked.”

The issue even worked its way into presidential politics this year. After eventual Democratic nominee Hillary Clinton said she was “very supportive” of the Philadelphia proposal in April, her opponent Vermont Sen. Bernie Sanders wrote an op-ed for Philadelphia Magazine calling it a “regressive grocery tax that would disproportionately affect low-income and middle-class Americans.”

Cohen objects to the charge of a regressive tax.

“What this assumption ignores is the fact Type 2 Diabetes is a regressive disease,” Cohen told FoxNews.com. “At today’s rate, 50 percent of African American youth vs. 25 percent White youth will contract Type II Diabetes in their lifetime. This is not a coincidence and we must do something today to address this crisis.”

Who in Govt is Whistleblowing on Immigration/Asylum Detention?

This event was hosted by Jones Day Law firm in Washington DC. The policies currently being applied by DHS, ICE and Customs and Border Patrol have officially been challenged as noted in this video of the The U.S. Commission on International Religious Freedom and Human Rights First hosted a discussion on removal and detention of refugees seeking asylum in the U.S.

See the video here. While the session was almost 4 hours, please take the time to listen to the first two panelists…that will explain their mission and the links below. Moving forward, you will be able to better understand Barack Obama’s presentation next month at the United Nations, Jeh Johnson’s position and that of presidential candidate Hillary Clinton. Note that at no time is there a discussion about creating conditions by which globally migrants, refugees, asylum seekers would not have to leave their home countries in the first place.

Note also that the real human rights violations are happening in home countries yet no country leadership be it Mexico, El Salvador, Honduras, Syria, Iraq or Sudan has been brought before any tribunal for violations or war crimes.

2015 Annual Report

The Office of International Religious Freedom has the mission of promoting religious freedom as a core objective of U.S. foreign policy. The office is headed by the Ambassador-at-Large for International Religious Freedom, David N. Saperstein. We monitor religious persecution and discrimination worldwide, recommend and implement policies in respective regions or countries, and develop programs to promote religious freedom.

Given the U.S. commitment to religious freedom, and to the international covenants that guarantee it as the inalienable right of every human being, the United States seeks to:

  • Promote freedom of religion and conscience throughout the world as a fundamental human right and as a source of stability for all countries;
  • Assist emerging democracies in implementing freedom of religion and conscience;
  • Assist religious and human rights NGOs in promoting religious freedom;
  • Identify and denounce regimes that are severe persecutors on the basis of religious belief.

The office carries out its mission through:

  • The Annual Report on International Religious Freedom. The report contains an introduction, executive summary, and a chapter describing the status of religious freedom in each of 195 countries throughout the world. Mandated by, and presented to, the U.S. Congress, the report is a public document available online and in book form from the U.S. Government Printing Office.
  • The designation by the Secretary of State (under authority delegated by the President) of nations guilty of particularly severe violations of religious freedom as “Countries of Particular Concern” under the International Religious Freedom Act of 1998 (H.R. 2431) and its amendment of 1999 (Public Law 106-55). Nations so designated are subject to further actions, including economic sanctions, by the United States.
  • Meetings with foreign government officials at all levels, as well as religious and human rights groups in the United States and abroad, to address problems of religious freedom.
  • Testimony before the United States Congress on issues of international religious freedom.
  • Close cooperation with the independent United States Commission on International Religious Freedom.
  • Sponsorship of reconciliation programs in disputes which divide groups along lines of religious identity. The office seeks to support NGOs that are promoting reconciliation in such disputes.
  • Programs of outreach to American religious communities.