Courts Need their Power Checked on Bathroom Issue

In case you missed it, recent court rulings have ruled against bathroom gender-segregation.

Our Constitution is based on checks and balances between the three branches of the federal government. The President (Executive), the Congress (Legislative) and the Supreme Court (Judicial) are all supposed to have their power limited by checks/opposition from the other two branches. All three branches are sworn to uphold the Constitution.

The Fourth District Court of Appeals overturned a Virginia high school bathroom policy. The common-sense policy was: only biological girls can use the girls’ room, only biological boys can use the boys’ room, and any student can use one of the three single-occupancy bathrooms, which the school created specifically to accommodate transgender students.

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The three judge panel ruled that “transgender students in public schools must be allowed to use the restroom that corresponds with their gender identity.” The ruling cited a regulation issued by the Obama Administration Department of Education. The ruling was determined by Judge Henry F. Floyd and Judge Andre M. Davis, both appointees of Democrat President Barack Obama. The remaining judge Paul V. Niemeyer, was appointed by Republican President George H.W. Bush.

The ruling means that a high school boy claiming to be trans-gendered has a “right” to enter the girl’s locker rooms and restrooms in school. A girl claiming to be a boy must also be allowed in the boy’s areas. Separate areas for transgender-thinking students are not equal or acceptable in the eyes of the judges.

constitution-and-BibleA side note: Presidential elections have consequences. As discussed at length in Chapter 14 of The Bible and Constitution Made America Great, Democrat presidents have consistently placed liberal activist judges on the federal courts that give us ridiculous rulings such as this, while Republican presidents do not. This case further validates that premise.

The liberal Obama judges are trying to equate race rights with gender rights. Three constitutional amendments were passed after the Civil War that prohibit government (federal and state) from discriminating based on race. These amendments say nothing about gender or sex. Thus the need for a later amendment (XIX) granting women the right to vote. The federal government has no authority to intervene unless a gender amendment is added to the Constitution. Do we really want an amendment that states segregation of restrooms (men/women) is illegal and must be abolished? Do we want a common restroom for everybody?

So are gender-neutral bathrooms now the law of the land? No. The Courts have no authority to pass any laws. So where are the checks and balances on the Courts?

The President: Obviously Democrats support open bathrooms, but a future Republican president administration could simply state they will not enforce un-constitutional court rulings like this one.

Congress: Congress is constitutionally the most powerful branch of government. Congress can declare the federal courts have no jurisdiction in this area. (Article III and 10th Amendment) Congress could also impeach the two lawless judges. Even an unsuccessful Senate trial should reign in future rulings.

State and local governments can refuse to uphold unconstitutional rulings. The Constitution trumps judicial fiat.

These checks must be used with care. In the early years of the nation they were never needed. But recent decades have seen judges ignoring the Constitution in their rulings. This abuse of power needs to be checked.


Scot Wolf

Scot Wolf received a B.S. in Chemical Engineering from the University of Missouri, graduating Magna Cum Laude with Honors. He is a lifelong Christian, who has completed courses on biblical study, and believes science and faith can be integrated in forming a worldview. Read more about the US Constitution's founding and how America has deviated from it in: The Bible and Constitution Made America Great by Providing Freedom and Liberty to Citizens available at

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