via Free Republic
The Obama administration will send a letter to every public school district in the country Friday warning them that they must allow students to use whatever bathroom and locker room corresponds to their stated gender identity, or face a federal lawsuit.
The decree, sent jointly by the Department of Justice and the Department of Education, comes just a few days after North Carolina and the federal government sued each other over the state’s recent law governing bathroom use in public buildings. It won’t be a new federal law, but will instead reflect the Obama administration’s interpretation of existing federal anti-discrimination law.
In particular, the decree is based on Title IX, the 1972 law prohibiting sex discrimination in schools that receive federal funding. While the drafters of the law may not have known it at the time, the Obama administration’s position is that the law covers discrimination based on gender identity as well as physical sex.
The Obama administration is ordering the nation’s public schools to support illegal immigrant students, promote the president’s amnesty and “embrace and value” the diversity and cultural backgrounds of the foreigners receiving a free, American taxpayer-funded education.
In a 63-page “Guide for Success” issued this month, the U.S. Department of Education directs teachers in the nation’s publicly funded schools to “understand the cultural and educational backgrounds” of their students and to “model multicultural sensitivity.” Teachers should also “engage in self-reflection to address personal biases and increase multicultural competence,” according to the new mandate that also orders the incorporation of diversity and immigration into instruction. “Plan and host trainings on multicultural issues that educate teachers and staff about the unique needs and challenges of undocumented students,” the document says.
The great issue of our times is the same great issue of the 1830s. The question is whether Congress can pass legislation or the President issue executive orders that are not authorized by or consistent with the Constitution?
The federal government is a republic composed of separate and sovereign republics.
What recourse do the States have individually and in combination when the central government acts in a fashion that is contrary to the limits and enumerated powers of the Constitution?
The answer, other than an appeal to the courts, is nullification. This term is defined as the assertion that States can and should refuse to enforce unconstitutional federal laws.
This is no trifling matter.