Kerby Anderson

As I have mentioned in previous commentaries, the Obama administration sent directives to all school districts requiring them to permit transgender students to use bathroom facilities and locker rooms of their choice. The president and his liberal allies in the press are unhappy that nearly half of the states are fighting this directive. That is why Texas Attorney General Ken Paxton wrote a column defending what he and 23 other states are doing in challenging this administration.

Even if you approve of the president’s directive, you should at least admit that he is going about it in the wrong way. Ken Paxton reminds us that: “Control over intimate facilities in schools has always been left to the states. In Texas, for example, state law says that decisions over who uses what facilities will be made by local school districts.”

In order to mandate this directive, the Obama administration has had to reinterpret Title IX, which forbids sex discrimination in the schools. Back when it was passed in 1972, everyone knew what the word “sex” means. It means biological sex, and does not mean gender identity. The Obama administration changed the meaning of the word in order to push forward its transgender policy.

Ken Paxton points out that Congress know the difference between sex and gender identity. In fact, it has written laws to address both. Congress recently amended the Violence Against Women Act and the Hate Crimes Act to address both sex discrimination and gender-identity discrimination.

He has a recommendation for the president. If President Obama is unhappy that “gender identity” is not in Title IX, then amend the law. Urge Congress to do so. Go on TV and ask the American people to elect representatives to amend Title IX. What he cannot do is take out his pen and rewrite the law. Unfortunately, that is exactly what he is doing.