May 26, 2016

WHEN MALE IS FEMALE, BLACK IS WHITE, AND OLD IS YOUNG: Peder Zane explores the meaning of the Obama Administration’s absurd interpretation of Title IX of the Civil Rights Act of 1964’s prohibition of discrimination “on the basis of sex”:

A dispute about bathroom rights turned into a Pandora’s box of philosophical riddles about the nature of identity and the meaning of truth on May 13 when the Departments of Justice and Education issued a letter prohibiting “discrimination based on a student’s gender identity.”

The letter defines gender identity as “an individual’s internal sense of gender.” It also states “there is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity.” . . .

Sex is a biological fact. Almost everyone is born with distinct physical markers that define us as male or female.

Gender is a social construct that refers to the fluid range of expected behaviors taught to boys and girls. . . .

Though the administration might have the best of intentions, its fusion of sex and gender raises complex questions. Race, for example, is even more of a social construct than gender. Men and women will always be biologically distinct, but race is almost entirely an invention. It wasn’t too long ago that Italians, Jews and Aryans were considered separate races. . . .

Similarly, if one’s sex is a choice, why not one’s age? As 60 becomes the new 40, we increasingly see age as an attitude rather than a number. If I believe I am 65, what basis do you have for disagreeing with me? . . .It might sound absurd, but, given that logic, why can’t a white person claim the benefits of affirmative action or a middle-aged man demand Medicare and Social Security?

Exactly. If I feel like a 25 year-old black male today, who has a moral or legal basis to challenge this self identity? And if they dare to do so, they are “discriminating” against me based upon my age, race and gender.

Orwell would be so proud of today’s totalitarian progressives: “War is peace. Freedom is slavery. Ignorance is strength.

As a legal matter, however, interpreting a 1964 law that bans discrimination “on the basis of sex” as banning discrimination “on the basis of sexual identity” is patently absurd. The 11 brave States that have filed a lawsuit challenging the Obama Administration’s newfound construction of the 1964 Civil Rights Act will ultimately prevail, as congressional intent drives statutory construction.

UPDATE (FROM GLENN): A reader sends this takeoff on the #ManEnough4Hillary campaign.

womanenough4hillary

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