You gotta love the federal courts. According to their asymmetric thinking, you can’t be pushed out of society and not get an education at Indiana University because you don’t inject yourself with a dangerous substance. At the same time, you must be allowed to use the bathroom of the opposite sex at school. A state doesn’t have the power to keep men and women separate in bathrooms, but it does have the power to forcibly inject something into your body.
On Monday, Judge Tanya Walton Pratt, an Obama-appointed person for the U.S. District Court for the Southern District of Indiana, refused an application by the Metropolitan School District of Martinsville to allow for separate bathrooms for those who are biologically male and female. It was about a student who believes she is a man and wants access to the men’s restrooms and men’s sports teams, and wants to be called a man at school. Last month, Pratt requested that the 13-year-old “transgender” student be allowed to use the boys’ restroom at John R. Wooden Middle School, and this week she denied the request to have the restraining order lifted
Then the court reigns that maintaining separate bathrooms violates Title IX of the Education Amendments Act of 1972 and the equal protection clause of the Fourteenth Amendment to the United States Constitution of 1867 because, as you know, somehow translates to equal life, equal liberty, and equal property for freed black slaves Women can demand that the state treats them like men.
“The overwhelming majority of the federal courts — including the Circuit Court of Appeals for the Seventh Circuit — have recently reviewed claims of discrimination in education against transgender people under Title IX and have concluded that it violates Title IX to prevent a transgender student from doing so to use a school toilet that matches the student’s gender identity. This court agrees,” Pratt wrote in their judgement.
The courts have turned fundamental rights upside down and incredibly distorted state powers. Just last year, an Indiana federal judge ruled, with the approval of the Seventh Circuit Court, that Indiana University can expel students because they don’t get an experimental push, even though it’s a public university. Like most courts over the past two years, the judge applied the eugenics era Jacobson Decision to claim that a state may require you to undergo a medical procedure or put a medical device in or on your body, or risk losing your job, education, and being shunned from public housing.
Thus, a state is so powerful that it can actively impose a medical device on your body. Judges have applied across the country Jacobson to suggest that a school or state government can criminalize your breathing unless you actively place a medical device on your nose or mouth. In fact, some courts, at the behest of the ACLU instructed Masks on students in places like Virginia and Knox County, Tennessee. As such, you have the right to forcefully mask someone else, you have the right to stab them, but you cannot simply maintain male and female bathrooms as they have been since the dawn of time.
While it is believed that a fundamental right might sometimes include a “right to” a procedure or accommodation, it is certainly clear that “freedom from” government action against your body is much more of a fundamental right. To acknowledge the former but not the latter – the right to leave one’s body alone – is moral and intellectual bankruptcy.
Also, the right to breathe freely is the epitome of a right “deeply rooted in history and tradition,” the standard set in the lucky mountain Case to define an unenumerated right. The use of the bathroom by the opposite sex is the antithesis of a practice deeply rooted in history and tradition. Yet the same ACLU that sued the right to use the opposite sex’s bathroom in the Indiana case sued the governors of the Red States across the country to make sure you can’t go to school without a muzzle on your face.
Meanwhile, a Trump-appointed federal judge in Alabama just created a chemical castration law. In asserting that parents have “a fundamental right to direct their children’s medical care,” Judge Liles Burke said ordered the passage of a new Alabama law It is a criminal offense to chemically castrate a minor. “That right includes the more specific right to place their children on transitional medications subject to medically accepted standards,” he said. “The law violates this right and is therefore subject to strict scrutiny. At this stage of the litigation, the law falls short of that standard because it is not narrowly tailored to achieve an overriding government interest.”
So the same judges apply again Jacobson to note that a state can force vaccinations and masks on your children—so much for parental rights to direct medical care—but at the same time, a state cannot stop a barbaric practice of mutilation. This also comes at a time when hospitals across the country were denying dying people the right to try a safe, Nobel Prize-winning drug when there weren’t any options – often with their own doctors and their own money. However, they cannot “deny” you the “right” to castration.
One might think that both Indiana and Alabama’s transgender rulings could be easily reversed on appeal, but Judge Gorsuch already codified transgenderism in Title VII of the Civil Rights Act Bostock Case. In addition, the Supreme Court has failed to appeal several similar cases in recent years. Therefore, we cannot rely on the Supreme Court to obtain this right.
Last week I argued that instead of defending the importance of the Supreme Court, we should use the momentum of Democrats trying to delegitimize the court. It’s not that we don’t believe in the proper role of the judiciary, but if they’re worried about the impact of judicial supremacy, then we should do big business and take the federal courts out of broader political and social affairs and turn them over to the State parliaments and the respective supreme courts of the countries. The left fears a coming era of a permanent conservative Supreme Court, and too many conservatives look forward to such an outcome. In reality, we will probably pay for what is threatening Dobbs Judgment on abortion, with the non-Thomas/Alito judges taking turns betraying us on other matters to “preserve the integrity of the court.” Nowhere is this clearer than on the transgender issue, based on recent decisions.
The biggest obstacle to making state legislatures great again and red states red again is the fake Republicans in those states. But once we’ve cleaned the house and actually enacted prudent legislation, the greatest remaining impediment is the ministering federal justice system. Despite protests from the left, they benefit far more from the supremacy of the judiciary than we do.
https://www.theblaze.com/op-ed/horowitz-indiana-judge-finally-recognizes-right-to-bodily-freedom-but-only-to-use-the-other-genders-bathroom Horowitz: Indiana judge finally recognizes right to bodily liberty… but only to use bathroom of opposite sex