Gender-free bathrooms are being debated in a lot of places — except, we learned yesterday, the U.S. Supreme Court. In a one sentence order, the eight justices on America’s highest bench pulled out of the fray, sending the highest profile case back to the lower courts — and liberals back to the drawing board. For the Left, which relies on the courts to do what lawmakers will not, it was a huge blow to an agenda the majority of America rejects. With 43 words, the justices drove home the importance of the White House’s decision to send the issue back to the states.

“The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.” In this particular case, a student named Gavin Grimm sued her district, Gloucester County Schools, for offering to let her use a unisex restroom instead of the boys’, which is how she says she identifies. To Grimm and her parents, the accommodation wasn’t good enough, and with the help of extremists at the ACLU, the family launched a full-scale legal assault. (Read FRC’s amicus brief here.)

In liberal circles, Grimm’s suit was probably the Left’s best crack at rewriting the Title IX sex discrimination laws to include “gender identity.” Now, thanks to the Trump administration, those goals will be on hold until at least next year when Neil Gorsuch will almost certainly be on the Supreme Court. Until then, the showdown will be where it belongs: in states and local communities. Like so many Americans, we’re grateful that the Trump administration recognized the Obama mandate for the threat it is. Now that the case has been remanded, we’re hopeful that the Fourth Circuit Court will do what was promised in its earlier opinion and “leave policy formulation to the political branches,‘ for 'the weighing of privacy interests or safety concerns’ was not to be left to the courts.”

In the meantime, we’re encouraged that not only policymakers but these justices are increasingly skeptical of the federal government forcing boys and girls to shower together, room together on school trips, and share locker rooms and bathrooms. At the ballot box, the American people were clear that they don’t want out-of-touch Washington bureaucrats imposing a one-size-fits-all policy. Together with parents, state and local officials are the best qualified to decide what rules best respect the dignity, privacy, and safety concerns of their students.

Today, Texas leaders will be discussing exactly that at the first Senate hearing on the state’s Privacy Act. As the bill’s author, state senator Lois Kolkhorst (R) points out, this has nothing to do with intolerance. “I don’t view this bill as a transgender bill,” Kolkhorst said. “It truly is about public safety. … It is not against the law for a man to enter a woman’s restroom dressed looking like a man. There is nothing on the books here in Texas.”

And Republicans aren’t the only ones who think so. Yesterday, State Sen. Eddie Lucio, a Democrat, publicly backed the bill, insisting that there was a way to balance sensitivity with safety. “Children, youth and parents in these difficult situations deserve compassion, sensitivity, and respect without infringing on legitimate concerns about privacy and security from other students and parents.” North Carolina managed it — and no matter what the media says, it’s not just surviving, it’s thriving. “No businesses left North Carolina,” Lt. Governor Dan Forest (R) said. “This is not an economic issue. This is about doing the right thing. There is no price tag you put on a head of a woman or a child in a place of public accommodation.”

Originally published here.

The Great Reveal of the Republican Repeal

It wasn’t your average scavenger hunt. But Republicans scurried through the Capitol anyway, looking for the elusive text to the Obamacare repeal. “It was ‘find the Affordable Care Act replacement’ day” in Congress on Thursday, The New York Times joked. Word on the Hill was that GOP leadership had a copy “under lock and key” somewhere in the Capitol basement, leading Sen. Rand Paul (R-KY) and other members on a wild goose chase in the bowels of the building to demand access. “This is being presented as if this were a national secret,” Sen. Paul told reporters. “As if this were a plot to invade another country. As if this were a national security. That’s wrong. This should be done openly, in the public and conservatives who have objections … should be allowed to see the bill.”

According to sources, he’s about to get his wish. Several months, five congressional committees, and countless drafts later, GOP leaders say they finally have a bill to show the public. “We’re working through the final details of this,” Rep. Kevin Brady (R-TX) reassured voters. And not a moment too soon. With the clock ticking on the budget reconciliation process the Senate used successfully in 2015, both chambers will have to hurry through hearings as it is. As Republicans know all too well, the window for reconciliation (the strategy that allows the GOP to pass a repeal with 51 votes instead of the normal 60) will start closing — and with it, any chances of gutting Obamacare and defunding Planned Parenthood.

But just because there’s a bill doesn’t mean there will be consensus. At the very least, conservatives can start working toward the goal of undoing the greatest legislative mistake of the Obama years. For GOP leaders, the job doesn’t get any easier. Like FRC, activists on the Right are growing more and more impatient. “We’ve been patient this year, but it is past time to act and to act decisively,” said Americans for Prosperity. “Our network has spent more money, more time, and more years fighting Obamacare than anything else. And now with the finish line in sight, we cannot allow some folks to pull up and give up.”

For pro-lifers, who’ve fought for years to get taxpayers out of the abortion business, the reconciliation process is the best hope to sever ties with Planned Parenthood. It’s a make-or-break moment — not just for GOP leaders, but for the party as a whole. This is what Americans sent the Republican majority to Congress to do. If they fail, the consequences will reverberate for years. The time for living up to their word is now. “I think the only way we get members of Congress to stay the course on this is with constituent pressure,” warned FreedomWorks. That’s where you come in! If you haven’t contacted your House and Senate members, what are you waiting for? Call and email their offices and urge them to keep their promise to voters!

Originally published here.

A Sight for Stores’ Eyes

There are CEOs, and there are politicians — and there are people who try to be both. The intersection of corporate America and the culture wars has never been more crowded. Or more controversial. In an odd twist, some American brands are making more headlines for their politics than their products — a development that’s certainly affecting their bottom lines.

In a column for Fortune, Bill Boulding tries to explain the new wave of LGBT corporate activism and what it means for issues like bathrooms. He claims that most CEOs are driven to speak out because the debate either 1) directly impacts their business model; 2) has implications for employee morale and recruitment; or 3) violates their company’s core values. “Simply put,” Boulding argues, “if you tout diversity and inclusion as paramount in your company, many employees expect you will uphold those values related to external issues, as well. I should point out that these decisions to speak out are complex and can carry significant risk for a company on a variety of issues, ranging from angering employees and customers who disagree … to making the company itself a target for political action.”

Speaking of Target, the once-popular retailer knows better than anyone how costly it can be to pick sides in the culture wars. Last week, the company’s shares dropped 13 points overnight — just the latest scene in the store’s Wall Street nightmare that started when it opened bathrooms and changing rooms to both genders. Instead of learning from the mistake (which has been more than evident after a 1.5 million-person boycott), Target has stubbornly stayed the genderless course, despite a 43 percent nosedive in earnings.

And while people like Boulding claim that companies like Target are motivated by “core values,” the reality is that most of these CEOs and boards are held hostage by fringe agendas even when they aren’t personally supportive of such moves. In many cases, they’re actually driven by liberal affinity groups that make noise on issues like transgender bathrooms. As the Human Rights Campaign’s website points out, “These groups are usually given a budget and access to resources such as an e-mail address, a presence on internal employee-only websites (intranets), meeting space and focused opportunities to communicate the business value of LGBTQ inclusion with the broader organization.” Believe it or not, “90 percent of Fortune 500 companies currently maintain employee resource [or affinity] groups to support their commitment to diversity.” And their impact has never been greater. But if the Target debacle has taught us anything, it’s that there’s one group that has the final say — and that’s consumers! Don’t give your dollars to companies that trample your values. Find out who those are the 2ndVote app!

Originally published here.

This is a publication of the Family Research Council. Mr. Perkins is president of FRC.