Another activist judge using their power to create law from the bench
President Barack Obama tried very hard to legitimize transgenderism by using his power to force schools to cater to kids claiming to “identify” as a different sex form which they were born.
But, thanks to President Donald Trump, that dream has skidded to a halt. But that doesn’t mean the left-wing judiciary won’t keep trying to force the left’s agenda on all of us and here we have a perfect example of that.
This week, another liberal federal judge has aligned herself with the corrupt Obama agenda and sided with a teenager who claims to be transgender and who wants to force a school to allow transgenders to pick any bathroom they feel like using at any given time.
U.S. District Court Judge Arenda Wright Allen, a federal judge appointed by Barak Obama in Newport News, Virginia, handed down an activist ruling, one that was not based on the merits of the case at all.
As Daily Caller reported, the ruling is a “boon to the LGBT community”:
The case was occasioned when Gavin Grimm, a 19-year-old student in the Gloucester County Public Schools, began using the men’s bathroom at his public high school. Grimm, who has since graduated, was born female but identifies as male. Gloucester Country schools require transgender students to use alternative facilities or the bathrooms is use by other members of their biological sex
Grimm claims the district’s policy violates Title IX, which bans gender discrimination in education, and the Constitution’s equal protection clause. The Obama administration issued Title IX guidance requiring public schools to allow trans students access to bathrooms corresponding to their stated gender in May 2016.
President Obama tried to make pro-transgender rules for our schools using his power to regulate our education establishment.
In 2016, Obama tried to warp federal Title IX rules to force all schools to accept trasgenderism whether local school boards and parents wanted such rules or not. In May of 2016 Obama decreed that all public schools in the country must welcome a tiny number of apparently transgender children by taking single-sex bathrooms, single-sex locker rooms and sexual privacy away from almost 55 million American kids in 100,000 K-12 public schools.
Several kids tried to use Obama’s rules to force schools to cater to their desires. Many schools buckled, but some had lawsuits filed against them based on Obama’s ruling. Some of these cases even ended up headed toward the U.S. Supreme Court.
Fortunately, as soon as Trump took office, he revoked Obama’s liberal rules. But, because Trump dumped Obama’s school rules, the U.S. Supreme Court decided not to hear the case. The SCOTUS sent the case back to the 4th U.S. Circuit Court of Appeals after Trump canceled Obama’s absurd rules.
But, despite that Obama’s federal regulations were ended by Trump, that hasn’t stopped sold-out, left-wing judges from trying to force the liberal agenda on us anyway.
Hence, the latest pro-transgender judge has endorsed the left’s claim that transgenders are protected under the law:
The decision endorses a relatively new civil rights theory arguing discrimination against trans people is already illegal as a matter of federal law. Title IX and other federal statutes like the Civil Rights Act forbid discrimination on the basis of sex. Such discrimination includes gender stereotyping or discriminating against individuals for failing to conform to expectations about sex. The Supreme Court affirmed this reading of the law in a 1988 case, Price Waterhouse v. Hopkins.
Since discrimination against LGBT groups arises from gender stereotyping — which is already unlawful — proponents of the theory say anti-trans discrimination in the workplace and in public schools is already illegal.
With her ruling, Judge Allen agreed with this novel approach to the law and insisted that it gives Grimm the right to force the school to do whatever she wants it to do.
“After full consideration of the facts presented and the compelling scope of relevant legal analyses, the court concludes that Mr. Grimm has sufficiently pled a Title IX claim of sex discrimination under a gender stereotyping theory,” Judge Allen wrote.
Allen also slammed the school’s policy saying it violates the law.
The court also found Grimm is protected by the Constitution’s guarantee of equal protection. Laws that treat individuals differently on the basis of sex are subject to high judicial scrutiny and are only permissible if they serve an important government interest. The school board said their policy protects its interest in student bathroom privacy, but Allen disagreed.
“The policy was not substantially related to protecting other students’ privacy rights, because there were many other ways to protect privacy interests in a non-discriminatory and more effective manner than barring Mr. Grimm from using the boys’ restrooms,” Allen wrote in his decision. “The board’s argument that the policy did not discriminate against any one class of students is resoundingly unpersuasive.”
Naturally, the student was ecstatic. “After fighting this policy since I was 15 years old, I finally have a court decision saying that what the Gloucester County School Board did to me was wrong and it was against the law,” Grimm said.
This is hardly the first time that Judge Allen has used her position in the legal system to force liberal activism on the country. In 2014 she was the judge who struck down Virginia’s ban on same-sex marriage.
In her ruling meant to cancel the state’s gay marriage ban, Allen wrote that same-sex “relationships are created through the exercise of sacred, personal choices — choices, like the choices made by every other citizen, that must be free from unwarranted government interference.”
Naturally, the left celebrated the decision.
What we have here is yet another activist judge that uses her power to create law from the bench quite despite what the rest of us want.
