by Terence P. Jeffrey, CNS News:
What if a state department of motor vehicles or a public school insisted that only biological females could use the restroom set aside for females and that biological males had to use the restroom set aside for males?
Would that be a rational policy? Would it be just?
The U.S. Justice Department is now arguing in federal court that such a policy wrongfully discriminates against people whose “gender identity” does not “align” with their biological sex.
The department filed suit on Monday against the State of North Carolina.
At issue is the law North Carolina enacted this year that states: “Public agencies shall require every multiple occupancy bathroom or changing facility to be designated for and only used by persons based on their biological sex.”
The law says: “A multiple occupancy bathroom or changing facility may include, but is not limited to, a restroom, locker room, changing room, or shower room.”
It defines “biological sex” as the “physical condition of being male or female, which is stated on a person’s birth certificate.”
In its legal complaint against North Carolina, the Justice Department contested the state’s definition of a person’s sex and offered an alternative definition.
“An individual’s ‘sex’ consists of multiple factors, which may not always be in alignment,” the department said in the complaint.
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