Texas and Oklahoma sue Obama administration over transgender public school decree

Obama speaks to the Human Rights Campaign
Obama speaks to the Human Rights Campaign

The Daily Signal reports:

Texas, joined by eight other states and officials from two other states, sued President Barack Obama’s administration on Wednesday over the president’s national school bathroom directive that threatens to take away federal school funding for districts that do not follow new transgender student guidance.

“This is an overreach of the federal government,” Harrold Independent School District Superintendent David Thweatt told The Daily Signal in a phone call Wednesday afternoon.

Texas and the Harrold Independent School District in Texas were joined by the states of Alabama, Wisconsin, West Virginia, Tennessee, Oklahoma, Louisiana, Utah, and Georgia, as well as the Arizona Department of Education, Heber-Overgaard Unified School District in Arizona, and Maine Governor Paul LePage, a Republican, in the lawsuit filed in the Northern District of Texas, Wichita Falls Division U.S. district court.

“This federal money obviously is our money to start with,” Thweatt said. “It’s coming from income taxes, et cetera and [the Obama administration] is taking this and using our own money against us to try to blackmail us into some kind of social engineering and social experimentation in public schools.”

[…]Superintendent Thweatt expressed concern to The Daily Signal that Obama administration’s directive creates security and safety issues for the “privacy and dignity” of the approximately one hundred kindergarten through 12th grade students that attend and use restrooms at Harrold Independent School District.

“Not only do we have students in these restrooms, but we are also having visitors to our schools at programs and sporting events,” Thweatt said. “If we open our restrooms, we could very well have grown men in our restrooms with young girls.”

If you live in Texas or Oklahoma, then congratulations – your states are actually doing something about the problem:

Texas Attorney General Ken Paxton, a Republican, along with Oklahoma Attorney General Scott Pruitt and West Virginia Attorney General Patrick Morrisey, sent a letter on May 17 to the Obama administration expressing legal concern over the transgender student directive.

“The president of United States has no authority under the Constitution to change the law,” Paxton told The Daily Signal in a phone call Wednesday afternoon.

Paxton says that his state will wait to hear if there is a response from the Obama administration and “hopefully they’ll back off.”

“If not, we’ll go to the court and we’ll put our case in front of a judge and we’ll let the court decide,” Paxton said.

The lawsuit is filed against the Education and Justice Departments, the United States Equal Employment Opportunity Commission, the Department of Labor, and officials at the respective agencies.

I doubt that people who voted for Obama are bright enough to explain what the concept of federalism is, or why it is responsible for our special success as a nation.  People don’t seem to care much for the Constitutional limits on power any more. They just vote for the party that hands them goodies, and to Hell with morality and protecting the vulnerable.

If unborn babies don’t have consciousness or don’t feel pain, may we kill them?

Unborn baby scheming about pro-life apologetics
Unborn baby scheming about pro-life apologetics

Was having a conversation by e-mail yesterday with a pro-abortion atheist, and he gave two reasons why he supported abortion in the first and second trimester. First, he said that unborn babies can’t feel pain, so it’s OK to kill them. Second, he said that unborn babies don’t have consciousness, so it’s OK to kill them. I thought it might be useful to link to something that answers both of these objections.

Frank Beckwith is the author of “Defending Life: A Moral and Legal Case Against Abortion Choice“. He wrote that book for Cambridge University Press, a top academic press. But before Cambridge University Press, Beckwith wrote four easy-to-understand essays for the Christian Research Journal. Part IV is the one that has the response to the two questions raised by my atheist friend.

Part I. The Appeal to Pity

Part II. Arguments from Pity, Tolerance, and Ad Hominem

Part III. Is The Unborn Human Less Than Human?

Part IV. When Does a Human Become a Person?

Excerpt:

Some ethicists argue that the unborn becomes fully human sometime after brain development has begun, when it becomes sentient: capable of experiencing sensations such as pain. The reason for choosing sentience as the criterion is that a being that cannot experience anything (i.e., a presentient unborn entity) cannot be harmed. Of course, if this position is correct, then the unborn becomes fully human probably during the second trimester and at least by the third trimester. Therefore, one does not violate anyone’s rights when one aborts a nonsentient unborn entity. [13]

There are several problems with this argument. First, it confuses harm with hurt and the experience of harm with the reality of harm. [14] One can be harmed without experiencing the hurt that sometimes follows from that harm, and which we often mistake for the harm itself. For example, a temporarily comatose person who is suffocated to death “experiences no harm,” but he is nevertheless harmed. Hence, one does not have to experience harm, which is sometimes manifested in hurt, in order to be truly harmed.

Second, if sentience is the criterion of full humanness, then the reversibly comatose, the momentarily unconscious, and the sleeping would all have to be declared nonpersons. Like the presentient unborn, these individuals are all at the moment nonsentient though they have the natural inherent capacity to be sentient. Yet to countenance their executions would be morally reprehensible. Therefore, one cannot countenance the execution of some unborn entities simply because they are not currently sentient.

Someone may reply that while these objections make important points, there is a problem of false analogy in the second objection: the reversibly comatose, the momentarily unconscious, and the sleeping once functioned as sentient beings, though they are now in a temporary state of nonsentience. The presentient unborn, on the other hand, were never sentient. Hence, one is fully human if one was sentient “in the past” and will probably become sentient again in the future, but this cannot be said of the presentient unborn.

There are at least three problems with this response. First, to claim that a person can be sentient, become nonsentient, and then return to sentience is to assume there is some underlying personal unity to this individual that enables us to say that the person who has returned to sentience is the same person who was sentient prior to becoming nonsentient. But this would mean that sentience is not a necessary condition for personhood. (Neither is it a sufficient condition, for that matter, since nonhuman animals are sentient.) Consequently, it does not make sense to say that a person comes into existence when sentience arises, but it does make sense to say that a fully human entity is a person who has the natural inherent capacity to give rise to sentience. A presentient unborn human entity does have this capacity. Therefore, an ordinary unborn human entity is a person, and hence, fully human.

Second, Ray points out that this attempt to exclude many of the unborn from the class of the fully human is “ad hoc and counterintuitive.” He asks us to “consider the treatment of comatose patients. We would not discriminate against one merely for rarely or never having been sentient in the past while another otherwise comparable patient had been sentient….In such cases, potential counts for everything.” [15]

Third, why should sentience “in the past” be the decisive factor in deciding whether an entity is fully human when the presentient human being “is one with a natural, inherent capacity for performing personal acts?” [16] Since we have already seen that one does not have to experience harm in order to be harmed, it seems more consistent with our moral sensibilities to assert that what makes it wrong to kill the reversibly comatose, the sleeping, the momentarily unconscious, and the presentient unborn is that they all possess the natural inherent capacity to perform personal acts. And what makes it morally right to kill plants and to pull the plug on the respirator-dependent brain dead, who were sentient “in the past,” is that their deaths cannot deprive them of their natural inherent capacity to function as persons, since they do not possess such a capacity.

These four essays are a very good introduction to common responses to pro-abortion arguments. I recommend that people get familiar with this, as once you look into it, you will see that the abortion issue can be debated with as much confidence as William Lane Craig defends Christian theism. You will have the same access to scientific evidence and rational arguments on this topic, and so you will have the upper hand. And that’s fun.

The best introductory book on the abortion / right to life issue is “The Case for Life” by pro-life debater Scott Klusendorf. The best comprehensive book is a tie between “The Ethics of Abortion” by Christopher Kaczor, and Frank Beckwith’s “Defending Life: A Moral and Legal Case Against Abortion Choice“.

Canada’s Justice Minister calls for two-year prison sentence for critics of transgenderism

Kathleen Wynne and Justin Trudeau
Kathleen Wynne and Justin Trudeau of the Liberal Party, marching in a gay pride parade

Bill Muehlenberg documents a few headlines from just the last week about the transgender movement’s latest concerns: (H/T Dr. Michael Brown)

Canada Prepares Nationwide Ban on Anti-Transgender Propaganda
May 18, 2016
Citing the need to make transgender people “feel safe and secure in who they are,” Canada’s Minister of Justice Jody Wilson-Raybould introduced legislation Tuesday that would prohibit discrimination on the basis of “gender identity” or “gender expression” and make anti-transgender “hate propaganda” punishable by up to two years in prison.

New York City imposes fines up to $250,000 for refusing to call trans person ‘ze’ or ‘hir’
May 19, 2016
New York City’s human rights commission says it will fine New York employers and landlords up to $250,000 for using the wrong pronoun to refer to a transgender person.

Female security guard arrested, faces hate charge for removing man from women’s restroom in D.C.
May 19, 2016

Girls must get over their ‘discomfort’ at seeing male genitals in locker room: Charlotte Observer
May 20, 2016
Girls need to get over the “discomfort” they may feel at seeing male genitalia in the locker room, the editorial board of one of North Carolina’s largest newspapers wrote in a piece supporting the Obama administration’s transgender school facilities edict.

The most dangerous, and underreported, part of Obama’s transgender edict
May 20, 2016
School districts must allow biological males and females to spend the night together in the same hotel room on field trips; Colleges must let men who say they are transgender be roommates with one or more women; and School officials cannot even tell those young women or their parents in advance that their new roommate is a man, without risking a federal lawsuit.

Bill is in Australia, so he has a few cases listed in his post that I hadn’t heard of. To be honest, their stories seemed tame compared to the Canadian story.

Let’s look at the Canadian story more closely (Daily Caller):

Citing the need to make transgender people “feel safe and secure in who they are,” Canada’s Minister of Justice Jody Wilson-Raybould introduced legislation Tuesday that would prohibit discrimination on the basis of “gender identity” or “gender expression” and make anti-transgender “hate propaganda” punishable by up to two years in prison.

The proposed legislation — which was unveiled on the International Day Against Homophobia, Transphobia, and Biphobia — would amend the Canadian Criminal Code to expand existing “hate speech” prohibitions to include any public speech or communication that “promotes hatred” on the basis of “gender identity” or “gender expression.”

An identical ban on anti-gay “hate propaganda” has been in place for several years and has caused problems for Christians who oppose gay marriage. In 2013, the Canadian Supreme Court upheld the conviction of a Christian street preacher for distributing fliers denouncing homosexual behavior.

The court justified the preacher’s conviction on the grounds that he used “vilifying and derogatory representations to create a tone of hatred” against homosexuals. The court held that the pastor’s religious freedom did not excuse him from violating “hate propaganda” laws.

[…]Prime Minister Justin Trudeau — who ideologically leans far to the left — championed the bill as a much-needed step for transgender rights in Canada. “We must continue to demand true equality,” he said at a news conference.

Wilson-Raybould was similarly enthusiastic about the bill. “We live in a time when discrimination in any form is completely unacceptable,” she said.

Two years in prison, under the Criminal Code, for speech that offends the government’s favored group. That’s what Canadian taxpayers are paying their Liberal Party government to do. They elected them in a majority, so this is going to happen. No one can stop them.

You might remember that the Justice Minister is the same woman who introduced the euthanasia bill. Euthanasia is Canada’s preferred method of reducing costs in their single-payer health care system. After all, they need to save money for the abortions, IVF and sex changes they cover. Canada represents the triumph of compassion over moral boundaries. “Let’s not make judgments that make people feel bad” won out over “let’s have moral rules that protect the weak and innocent, preserve our liberties and conscience rights, and reduce the costs to taxpayers of expensive choices made by individuals”. They wanted to let everyone do what they wanted and pass the costs to taxpayers. Anyone who dissents has to be silenced or imprisoned, because dissent is judgment, and and judgment makes people feel bad.

Why is this push on transgender priorities happening? For those who have a sense of history, it’s very clear that the sex-differences denying of the gay activists is nothing more than an extension of the sex-differences denying of the radical feminists. Those who looked favorably on the demands of the radical feminists in order to appear chivalrous (to the wrong kinds of women) should have expected this. It turns out that if you really believe that a woman is identical to a man, and all differences between them are cultural, then… a woman really is identical to a man, and all differences between them really are cultural. I know many pastors who were unwilling to take on radical feminism, because they wanted to appear chivalrous. Sometimes, it is more important to say “no” than it is to be liked.