The PJ Tatler

Eric Holder Federalizing Transvestite Student Issues

Nobody wants any child threatened in school.  But even people opposed to assaults in schools can rightfully question what constitutional role the federal government has over matters relating to transvestites in public schools.  Naturally, the Obama administration won’t be bothered with Constitutional silence and has launched a effort to federalize the issue of the treatment of transgender students in American schools.

I received an email from a Department of Justice employee containing a message that went to all DOJ employees yesterday, even the overwhelming majority of whom have nothing to do with these issues.  The broadcast emails states:

Today, the White House will partner with the U.S. Departments of Justice and Education for a discussion with community leaders, advocates, and members of the public on efforts to ensure safety and security for lesbian, gay, bisexual and transgender people. The White House LGBT Conference on Safe Schools & Communities will provide advocates, community leaders, and members of the public an opportunity to engage with the Obama Administration on efforts to ensure safety and security for lesbian, gay, bisexual and transgender (LGBT) people in schools and communities throughout the country. Participants will receive updates from senior officials from the U.S. Departments of Justice and Education, connect with Federal government resources and opportunities through workshop sessions, and provide valuable feedback through the “Open Space” process. You can view this discussion live at the White House site.

The following are scheduled highlights

• Safe Communities panel is at 9:45 am EST

• Safe Schools panel is at 10:45 am EST

• Valerie Jarrett and the AG speak at Noon EST

• Judy Shepard speaks at 5:30 pm EST

There is no telling what this will cost.  Administration defenders will say these workshops are justified by the Matthew Sheppard Act.

That law creates a power to prosecute crime motivated by sexual orientation or gender identity.  But this DOJ, not surprisingly, has used the law to expand the power of the federal government well beyond the language of the statutes.  As I previously reported at PJ Media, the DOJ is actively seeking to expand federal power over transvestite and gender morphing issues beyond what civil rights laws allow.  Justice Department documents say so.  (At the link:) “The Civil Rights Division has been actively exploring ways in which the Department can use these laws to address discrimination against transgender individuals.”  (Hans von Spakovsky has more at “Civil Rights Gone Wild.”)

“Actively exploring” is DOJ-speak for brainstorming around the limits of the statutes passed by Congress.  No federal laws prohibit discrimination against transvestites.  But no matter.  DOJ will “actively explore” a way to sue a politically incorrect transgressor by fiat.

Think discrimination against transvestites should be illegal under federal law?  Fine.  The solution is for Congress to pass a law prohibiting it, if that’s what Americans want.  Exerting power that the people, through the legislature, have not granted the executive branch is an ancient tactic of the lawless, this time posing as lawyers.  By now, we unfortunately expect it from Holder’s DOJ.