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ideological culture judiciary litigation

Trouble with Definitions

Is it time to push for a complete wall of separation between Sports and State?

The First Amendment helped the United States — together and separately — protect religion from the ravages of regulation, taxation, suppression, and favoritism. Maybe it’s time to extend the concept. 

This came to mind as I skimmed through the transcript to a current case before the Supreme Court, Little v. Hecox (Docket No. 24 – 38), which involves a challenge to Idaho’s law restricting “transgender women and girls” from participating in women’s and girls’ sports.

I doubt the forthcoming ruling will get government out of sports generally, much less out of sports in public schools — which is what this is all about, Idaho’s law applying only to athletic teams sponsored by public educational institutions (or certain nonpublic ones competing against public ones), not to purely private teams. 

One lawyer for the respondents, Kathleen R. Hartnett, Esq., got stuck with the “tough” job. She was asked by Justice Alito if an understanding of what men and boys are, and what women and girls are, was relevant to the Equal Protection Clause. She said yes, but then confessed to lacking a definition of the sexes for the Court.

Then “how can a court determine that there’s discrimination on the basis of sex,” Alito inquired, “without knowing what sex means.… ?”

Her answer started out on a most unpromising note: “I think here we just know …” immediately pivoting to the statute’s applicability. Alito went on to challenge her on a key notion in trans ideology, that one becomes trans just by saying so.

I see a lot of people online chortling on the comedy of it all.

But I think here we just know it’s … seriously troublesome.

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights

Girls [sic] Sports Saved

The only thing that should have been required to save the T‑shirt? 

An apostrophe.

The T‑shirt boldly proclaimed “Save Girls* Sports.”

But matters were more complicated for students of Martin Luther King Jr. High School in Riverside, California, who wore the shirts to protest their school’s decision to let a boy claiming to be a girl join the girls’ cross-​country team.

The school sent students wearing the shirt to detention, allegedly for violating the dress code. Two of the girls who wore it said that school administrators compared the wearing of it to wearing a T‑shirt with a swastika.

Those two students and their families sued the school and school district on constitutional grounds.

Maybe it was the lawsuit, or maybe it was the show of solidarity — but something caused MLK High to cave. And hundreds of other students did show up wearing the “Save Girls Sports” T‑shirt, willing to buck the dress code or thought code, whatever it is, to support their classmates.

Somehow the school failed to place these hundreds of students in detention and has apparently dropped the detention policy.

Students at other schools in the area had also started wearing the T‑shirts.

With regard to the policy of letting boys play on girls’ sports teams, the Riverside Unified School District says that its hands are tied. “RUSD is bound to follow California law,” which requires letting students “participate in sex-​segregated” activities in a way “consistent with his or her gender identity.”

Laws are meant to be changed, however, if not through California’s legislature, then through the state’s citizen initiative process.

This is Common Sense. I’m Paul Jacob.


 * We leave the [sic] for the title.

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education and schooling ideological culture

Urinals De- and Re-commissioned

Remember when opponents of the Equal Rights Amendment said that we would wind up with unisex bathrooms should the constitutional amendment be ratified? And ERA advocates scoffed?

Well, here we are: no ERA, but unisex bathrooms … in public schools.

Or, more precisely, two flavors of unisex bathrooms: one room for girls along with those boys who identify as girls, and another for boys and those girls who identify as boys. 

In early February, New Hampshire’s Milford School District school board voted to cover over boys’ room urinals with garbage bags while members investigated the cost of turning all the restrooms into all-​stall accommodations.

Why? A few parents of trans students had complained that urinals made their trans boys uncomfortable — their girls “transitioning” to become boys didn’t … well, I’ll let you imagine some of this.

Of course, urinals in boys’ rooms allow for faster turnover of users. Getting rid of them makes boys spend more time in a place they, as often as not, would like to minimize.

But it affects actual girls negatively, too.

“As a female,” one girl told a local TV station, “I don’t think it’s safe to have males in our bathroom.”

The board had also ruled that the number of students in each restroom should be limited to the number of stalls — not an efficient way to serve students’ needs, completely ignoring time spent at the sink in front of a mirror. More bizarrely yet, the board had specified that clothing changes for physical ed. be confined to locker room toilet stalls.

Last Friday, students held a walkout. And the school board backpedaled, unbagging the urinals.

Good. But I don’t think anyone can mistake all this “business” for common sense.

This is Common Sense. I’m Paul Jacob.


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education and schooling government transparency

Parents Kept in the Dark

When does it become irresponsible to send children to a public school? 

Has the line been crossed in Fairfax County, Virginia?

Their school board now prohibits teachers from telling parents when children “change gender” or pretend to change gender. Such decisions may be evidenced by a student’s changing his name or by identifying as a member of the opposite sex or as “nonbinary” on a school’s learning portal.

The district is not inviting teachers to exercise discretion about whether to inform parents. One can imagine cases in which a teacher knows parents to be physically abusive and likely to come down on a kid like a ton of bricks if alerted to such an event.

Rather, the policy stipulates that parents needn’t ever be told about such matters. To the extent teachers obey, parents won’t know unless informed by the children themselves.

If you live in Fairfax County, you could protest.

And you could do other things, such as

  • attend school board meetings to object, as parents attended a Fairfax board meeting to object to the policy of suspending fourth-​graders for using the “wrong” pronouns for classmates;
  • join the shadow board that parents have formed to criticize the doings of the Fairfax County board;
  • vote against a school board member or try to recall members — unless a judge decides that your recall petition fails to show “probable cause for removal.”

Or you could just get your kids the heck out of the public schools.

This is Common Sense. I’m Paul Jacob.


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education and schooling ideological culture

Some Scandal

Why do public schools and libraries expose their charges to drag queens and cross-​dressers but not to strip-​club “artistes”?

Both are overtly sexual and “kinky” and contra traditional family values. But “drag” is where men (and now boys) dress up in parodic feminine clothing. Milton Berle did it as comedy while the “Drag Queen Story Hours” held these days in schools and libraries around the country play for something else.

In late May, in Iowa, “Ankeny’s Gay Straight Alliance (GSA) club hosted a drag event as part of the club’s end-​of-​the-​year meeting,” explains KCCI Des Moines. “The event was not for the whole school.”

Thankfully

“Drag event at Ankeny High School,” ran the headline, “draws criticism from some parents” — why the “some”? Normally, wouldn’t it read “draws criticism from parents”? Could the editor have used it, here, to weaponize this as a divisive issue rather than a public scandal?

Before you can say “Sodom and Gomorrah,” the real problem with allowing drag shows in schools reveals itself: this is not unlike a religious issue, except the religion is irr-. 

A tent revival meeting in a public school should be scandalous, too, if with a different “some.” While prayer groups and LGBTQ+ clubs are both fine on public school campuses, as part of normal student activities allowed outside the curriculum, a mass baptism would not be fine, and neither are … drag shows.

Behind all this I catch a whiff of something worse than the push to normalize (rather than merely legalize) “sex work”: anti-​natalism. Not having babies. All of this fits the population reduction ideology that has been pushed since the Sixties.

A tax-​funded movement against the basic task of humanity. 

That’s the most scandalous.

The opposite of Common Sense. I’m Paul Jacob.


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Accountability folly ideological culture partisanship

#YouToo?

“Will Democrats regret if they don’t open an impeachment investigation?” NBC Meet the Press host Chuck Todd asked Heather McGhee, a distinguished senior fellow at Demos.

“It’s important, right?” Ms. McGhee responded. “And we can have, you know, Bill Clinton impeached for obstruction of justice about a sexual affair,” she added dismissively, comparing that to Trump’s possible crimes, which “are things that could amount to treason against the United States.” 

“Treason” does seem more ominous than the affair President Bill Clinton had two-​plus decades ago with 22-​year-​old White House intern Monica Lewinsky. 

But aren’t we missing a “teachable moment” for the #MeToo Movement?

President Clinton perjured himself about his sordid fling during a deposition in a lawsuit brought by Arkansas state employee Paula Jones. She alleged that he, while serving as governor, had exposed himself and sexually harassed her. An awfully serious charge, for which Clinton paid $850,000 to settle.

“Paula Jones spoke out against the most powerful man in the world, and when his lawyers argued that a sitting president couldn’t be subject to a civil suit, she took them all the way to the Supreme Court and won,” Amanda Hess wrote late last year in The New York Times, two decades after the fact. “In another world, she would be hailed as a feminist icon. But not in this world — not yet.”

Democrats, progressives and much of the popular media ridiculed and attacked Ms. Jones back then — and are still sweeping her story under the rug.

Treating sexual harassment, abuse and assault in a partisan manner, ignoring the sins of your side, is a slap in the face to the #MeToo Movement.

This is Common Sense. I’m Paul Jacob.


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Bill Clinton, impeachment, sexual, #metoo, sex, scandal

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Accountability ideological culture media and media people moral hazard national politics & policies

Ho Hum

The President of the United States allegedly had an affair — or a one-​night stand with attempts at an affair — with a porn star. And paid her to keep silent. While he was married to his current wife, and his son was an infant. Donald Trump denies it, but a variety of reporters claim to have multiple corroborations. 

It’s all very tawdry.

And it looks like it has elicited … yawns.

Sure, the newsmedia push it. But the American people seem almost bored.

The election of Donald Trump marks the end of an era, maybe. Trump has overwhelming support from social conservatives, and it isn’t for his morals. Meanwhile, the Left loathes the Donald for alleged mistreatment of women, which they deemed so unimportant when documented against President Bill Clinton that it birthed the “move on” movement.

So, what changed?

The political divide between left and right is now so forbidding that questions of character pale. Democrats won’t like Trump even were he to usher in the Millennium, and Trump might have to tattoo a 666 on his forehead and anoint himself the Beast to shake off his so-​con support. 

For conservatives, the prospect of a Hillary Clinton presidency, after eight years of Obamamania in the media, was simply too much to bear. Indeed, a large swarth of the Democratic Party faithful didn’t quite trust her. 

As for Democrats, the inability to defeat an opposing candidate caught on audiotape bragging about grabbing women’s private parts must be as frustrating as devil-​with-​a-​blue-​dress Bill’s success in the 1990s was for Republicans. 

Character? So passé. 

I wonder if it will come back.

This is Common Sense. I’m Paul Jacob.


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Categories
Accountability folly national politics & policies

Weiner’s Place in History

As if to finalize the Great Derailment of 2016, disgraced former Congressman Anthony Weiner pleaded guilty in federal court to felony sexting: transferring obscene materials to a 15-​year-​old girl.

Prosecutors are asking he serve 21 to 27 months in federal prison, register as a sex offender and continue mental health therapy.

Also Friday, Huma Abedin, Weiner’s long-​suffering wife, quietly filed an “Anonymous v. Anonymous” petition for divorce. 

Though, apparently, not anonymously enough.

Personal train-​wreck? Sure. But as I wrote yesterday at Townhall, because it so deeply affected last year’s presidential contest, the wreck is also very public.

Back in 2011, Anthony Weiner made Andrew Breitbart a hero, propelling Breitbart​.com into the limelight. Weiner had tweeted a picture of his underwear-​clad crotch to a woman … who was not his wife. Though quickly deleted from his Twitter account, a screenshot was shared with Breitbart, who ran with the story.

Weiner claimed a hack, challenging Breitbart’s credibility. This spurred Andrew Breitbart to commandeer a news conference called by Weiner — with more evidence to share. Soon, Rep. Weiner admitted his bad behavior and officially resigned his congressional seat.

Fast-​forward to 2016, with wife Huma Abedin busy helping Hillary Clinton run for president. Weiner again becomes the subject of a sexting scandal — this time with an underage North Carolina girl. The FBI investigates, seizes Weiner’s laptop and discovers emails on it from Hillary Clinton to his wife, Huma. Then-​FBI Director James Comey reopened his investigation of Hillary’s emails just ten days before Election Day. 

Upshot? Trump is the 45th U.S. President, with Breitbart​.com Editor Steve Bannon as key advisor.

Thanks to Weiner.

This is Common Sense. I’m Paul Jacob.


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Photo of “Anthony Weiner cut-​out by the port-​a-​potties” by Katjusa Cisar on Flickr

 

Categories
crime and punishment First Amendment rights media and media people national politics & policies political challengers

A Suit of a Different Color

Donald Trump has threatened to use lawsuits against people he says are lying about him. Even if elected President.

Well, enter the third Mrs. Donald Trump, Melania. She is suing Britain’s Daily Mail* for suggesting that she may have worked as a “part time escort in New York,” explains the BBC, “and met husband Donald Trump, who is now running for the White House, earlier than previously reported.”

We know from published nude photographs that she was in the U.S. before the time specified by her presidential-​hopeful husband. And for some, those nude photographs lend credence to a rumor about escort service work. (She’s made money for being photographed in sexual congress before.)

The Daily Mail has withdrawn its article, insisting that it had not “suggested the sex work claims were true but said that, even if false, they could affect the US presidential campaign.” Sounds like a defense to me.

Earlier this week I confessed to my lack of accounting expertise. Now I should do the same regarding law. Yet, the claim by the Trumps’ lawyer, Charles Harder, seems hard to take seriously — that is, that the defendants’ statements were “so egregious, malicious and harmful to Mrs. Trump that her damages are estimated at $150 million dollars.”

Really? That much?

Besides, it’s her husband’s career on the line. And a sex morals rumor about Mrs. Trump wilts next to the long list of rumors and established fact in the scandal department of actual candidate (and former First Lady) Mrs. Bill Clinton.

Seems with either major party candidate, we’re guaranteed a soap opera … and full employment for lawyers.

This is Common Sense. I’m Paul Jacob.

 

* She is also suing an American blogger.


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Melania, Donald, Trump, daily mail, scandal, sex worker, illustration

 

Categories
education and schooling folly ideological culture nannyism national politics & policies too much government

Toiletarianism

President Obama and other politicians are taking a wide stance over the nation’s public restrooms. Important bathroom policy will finally be determined at the highest levels.

Last week, public educators nationwide received a legalistically-​worded letter from the Departments of Justice and Education explaining how to legally treat transgender students under Title IX of the Civil Rights Act. CNN boiled it down to “Fall in line or face loss of federal funding.”

Friendly federal “guidance” comes after dueling lawsuits between the Feds and North Carolina over that state’s House Bill 2, which establishes statewide restroom regulations. Those regs require that transgender folks use the bathroom appropriate to the sex listed on their birth certificate (whether Kenyan, Canadian or other).

Obama wants Americans to choose the restroom matching their self-​chosen “gender identity.” Conservatives seem most worried that his policy is so loosely defined as to allow non-​transgender male persons to simply claim to be transgender in order to shower with the girls volley-​ball team or lurk in the powder room.

“Have we gone stark raving nuts?” questioned Sen. Ted Cruz, proclaiming: “Grown adult men, strangers, should not be alone in a bathroom with little girls.”

In California, there’s legislation to force businesses to make “all single-​stall public restrooms” gender neutral. “Let’s make a clear statement that, if you want to go pee, by all means help yourself,” argued the proposal’s author.

Transgender people should be treated with care and respect, as should every person. But do we really need a national bathroom policy designed for maximum division in an election year?

Before politicians solve today’s glaring non-​problem in public restrooms, they should solve a real problem first.

Just one.

This is Common Sense. I’m Paul Jacob.


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toilet, bathroom, trans, transgender, sex, gender, law, folly