By Arizona State Senator Sylvia Allen
“The uncontested absurdities of today are the accepted slogans of tomorrow. They come to be accepted by degrees, by dint of constant pressure on one side and constant retreat on the other – until one day when they are suddenly declared to be the country’s official ideology.” – Ayn Rand
President Obama’s recent directive requiring schools to comply with gender neutral bathrooms and locker rooms with the threat of losing federal funding has caused schools unnecessary stress and turmoil and is another example of how out of touch progressive liberal Democrats really are.
You have got to be kidding! Who uses which bathroom is the most important issue for the President of the United States to get involved in? You would think that terrorism and the rising national debt would be enough to keep President Obama busy.
President Obama and his administration have once again injected the federal government into what is a state’s responsibility. With a stroke of a pen, President Obama thinks that the Justice Department can override commonsense. He does not have the authority to change hundreds of years of social civility by overriding and redefining natural biology. Again, President Obama is throwing our schools into an unnecessary conflict with the federal government and attacking our parents and families. I’d like to remind the President of the other two branches of government and the 10th amendment, which he too often forgets.
I, along with other legislators, have been receiving emails from constituents troubled by this overreach of President Obama. I signed on to a letter authored by Representative Robert Thorpe which was sent to Governor Doug Ducey, Superintendent of Schools Diane Douglas and Arizona Attorney General Mark Brnovich, stating our concern and asking them to make a constitutional finding concerning this and to help our state stand against this abuse of federal power.
Quoting from that letter Dated May 20, 2016:
“Article I, Section 1 of the U.S. Constitution makes it perfectly clear that Congress has the sole Federal legislative authority. Due to our nation’s long established separation of powers, legislative authority cannot be exercised by the Executive, including the President, the Attorney General or any other member of the Executive branch. There are no Federal laws stating that schools must provide these accommodations for transgender students, and there have been no court rulings upholding the Obama administration’s current “opinion” concerning this matter.”
“Please understand that this is not a moral issue, it is a legal state’s rights issue, and as a sovereign state, Arizona is protected by the 10th Amendment and thus is under no legal obligation to provide these accommodations merely based upon the suggestion, or coercion, of the Obama administration.”
“Under the Supremacy Clause of the U.S. Constitution, for example, for a law to be enacted requiring public schools within the states to provide these accommodations for transgender students, both Houses of Congress must first pass a constitutional law that is in pursuance of the
U.S. Constitution and does not exceed the limited enumerated powers of Congress, the President must sign it, and it must withstand legal challenges and judicial review.”
The answer is for the states to stand up and say NO! Sorry, but you cannot tell us to make this change. Our children have a right to their privacy, their safety and their normal modest sensibilities. I applaud recent actions of Superintendent Douglas and Attorney General Brnovich to join the lawsuit to fight back against the unconstitutional mandates from an ever growing and intrusive federal government!
Senator Sylvia Tenney Allen represents Arizona’s 6th Legislative District and serves as President Pro Tempore in the Arizona Senate.