Friday, July 21, 2017

The President and the Governor - updates


On November 8, 2016, America elected a new President, and North Carolina elected a new Governor.  The relationship between the United States and the State of North Carolina, which I wrote about in The President and the Governor and in The President and the Governor, part 2, changed when Donald Trump and Roy Cooper took office last January.  This page documents those changes.

Note: Some of these updates were already added to the previous pages.

The President and the Governor, published May 9, 2016

The President and the Governor, part 2, published May 18, 2016


Bathroom Bills in other states

Note: The dates in these section headings are the dates that I added the update to the page.


August 3, 2016

These are the first paragraphs of a Reuters story dated today.
A Virginia school board may temporarily block a student who was born a girl from using the boys' bathroom while a legal fight over transgender rights proceeds on appeal, the U.S. Supreme Court said on Wednesday.

The case is the first time the fight over transgender bathroom rights has reached the Supreme Court. The subject arrived in the heat of a U.S. presidential election in which the makeup of the court is a central issue.

In a brief order, the country's highest court put on hold an order from a lower court that had permitted the high school student to use the bathroom of his choice.
I have some questions about this news story.  The Supreme Court usually takes a vacation in July and August, yet this Reuters story was published on August 3rd, indicating a recent order from the Supreme Court.  Is this really a recent order, or did a Reuters assignment editor miss this order when it was made months earlier?  The date of the order isn't mentioned in the story.  I will have to do some further research to find out.


August 22, 2016, part 1

A federal appeals court in Texas has made a ruling in a similar case, but that judge made his ruling on different grounds.

These are the first two paragraphs of an August 22, 2016 Bloomberg Politics story.
The Obama administration was barred by a judge from enforcing a directive that U.S. public schools allow transgender students to use bathrooms and locker rooms according to their gender identity.

A federal judge in Fort Worth, Texas, on Sunday sided with Texas and 12 other states that argued the administration’s policy usurps local control and threatens students’ safety and privacy.
As I said in Part 2 of this essay, the wording of the first sentence is incorrect.  A judge's ruling goes into effect immediately unless he voluntarily "stays" his ruling.  There is no stay mentioned in the Bloomberg story, so there is no delay of the ruling, which means that the Obama Administration is barred by a judge from enforcing the directive of the Justice Department regarding public school bathrooms, shower rooms, and other facilities where privacy is important to students who are sometimes shy about exposing their bodies to the opposite sex and to the public in general.

Link to a similar story, but worded correctly, written by an Associated Press reporter.  These are the first three paragraphs.
A federal judge in Texas has blocked the Obama administration's order that requires public schools to let transgender students use the bathrooms and locker rooms consistent with their chosen gender identity.

In a temporary injunction signed Sunday, U.S. District Judge Reed O'Connor ruled that the federal education law known as Title IX "is not ambiguous" about sex being defined as "the biological and anatomical differences between male and female students as determined at their birth."

The judge said his order, which applies nationwide, was not about the policy issues of transgender rights but his conclusion that federal officials simply did not follow rules that required an opportunity for comment before such directives are issued.

The U.S. Supreme Court has a limited amount of time to hear and decide cases, so many lawyers who want their clients to go to this court for ultimate justice are, unfortunately, denied the opportunity, but when this court does decide to hear and decide a case, one common reason for this decision is when two different appeals courts have different rulings on similar cases.  This circumstance is now close to coming true.  North Carolina and Texas both have similar legislation, and both states have taken similar statewide action against the liberal actions of a large city in their state.

If I see updates on these legal cases, I will post them here as a more complete look at the relationship between elected officials, which is the theme of this blog.


August 22, 2016, part 2

While I was researching this story, I found another story that is very similar to the North Carolina story.  Their new law, called House Bill 2, was passed by their legislature because the City of Charlotte had passed a city ordinance requiring that all bathrooms, shower rooms, and other similar places where private intimacy is expected must be accessible to people who believe that they are a member of the opposite sex than the body they were born with.

The City of Houston, Texas passed a city ordinance that is similar to the ordinance passed by the City of Charlotte, North Carolina, but in Texas, their court system, not their legislature, told the city "no".  These are the first two paragraphs of a July 24, 2016 Washington Times story.  The links in these paragraphs were in their story.
The Texas Supreme Court gave Friday the Houston city council 30 days either to repeal a civil-rights ordinance allowing opposite-sex bathroom use or place it before the voters on the November ballot.

The 12-page decision says that the council ran afoul of the city charter when it refused to act after the city secretary certified a year ago the signatures submitted by a pastor-led coalition, which had moved to force a vote on the Houston Equal Rights Ordinance (HERO).
The next paragraph of this story is about a separate issue.  Houston's mayor, who is mentioned in the story, had issued a subpoena for the text of the sermons of five ordained members of the clergy.  This story mentions that incident and the fact that this subpoena was withdrawn when a large number of people objected to it.

The story also mentions that Houston has a deadline of August 24th to file an appeal of the order which blocks the city ordinance.


March 31, 2017

This tweet was written by the Governor of Texas.  If you click on the date, you will see this tweet, as it appears on his Twitter account.



A different Mayor, but it's the same issue.

This is the first paragraph of a February 21, 2017 story in the Canada Free Press.  The link was in their story.
Liberty Counsel released a three-page legal memorandum today proving that Jacksonville Mayor Lenny Curry can still legally veto the so-called “Human Rights Ordinance” (HRO), 2017-15, passed by the City Council last week.  The ordinance is not final law until after the next City Council meeting on Tuesday, February 28, 2017.
This is the fourth paragraph of the same story.
Because Mayor Curry still has the legal power to veto the HRO, hundreds of Jacksonville women are gathering this Wednesday, February 22, 2017, from 12:00 p.m. to 1:00 p.m., for a rally and press conference outside on the sidewalks around City Hall and in Hemming Plaza.   At 12:30 p.m., various women are scheduled to make public statements to the media urging the mayor to veto the HRO because the law would force them and their daughters to shower, dress and use bathrooms with men. 


A different Governor, but it's still the same issue

These are the first three paragraphs of a March 30, 2017 CNN story.  The link in the second paragraph was in their story.
(CNN)North Carolina lawmakers on Thursday passed a bill that repeals the state's controversial bathroom law in a move meant to end a year of tumult that saw businesses leave and major sporting events and concerts canceled.

Gov. Roy Cooper signed the measure into law, saying, "For over a year now, House Bill 2 has been a dark cloud hanging over our great state. It has stained our reputation. It has discriminated against our people and it has caused great economic harm in many of our communities."

Cooper said the new law is "not a perfect deal and it is not my preferred solution."

The governor said he wanted a law that added protections for LGBTQ North Carolinians, but said that wasn't possible with Republicans holding a supermajority in the Legislature.
This is the last quoted paragraph.

"The governor said he wanted a law that added protections for LGBTQ North Carolinians, but said that wasn't possible with Republicans holding a supermajority in the Legislature."

Links to similar stories, all published on the same day, by
National Public Radio The Washington Post Fox News
The New York Times NBC News CBS News

Governors who are determined to make policy changes as soon as they take office can't always implement those changes.  Sometimes the will of the people, as represented by a state legislature, is to keep an existing policy.

This blog focuses on the political interaction between various segments of the American people, such as the 2016 dispute between President Obama and Governor McCrory, but both men had issues with the people who elected them.


A different President, but it's still the same issue

These are the first three paragraphs of a February 21, 2017 story in The Hill.  The link in the second paragraph was in their story.
The Trump administration on Tuesday will reportedly rescind guidance to schools that bars discrimination against transgender students.

The Washington Blade reported that President Trump has approved a plan for the Justice and Education departments to send a letter to schools rescinding guidance that transgender students be allowed to use the restroom consistent with their gender identity.

The story quoted Mary Keisling, executive director of the National Center for Transgender Equality, in reporting that the guidance would be changed on Tuesday.  She cited "reliable sources" in saying that President Trump had "green-lighted" the plan.

These are the first three paragraphs of a February 22, 2017 Washington Times story.  The links in these paragraphs were in their story.
The Trump administration revoked an Obama-era mandate compelling public schools nationwide to permit restroom and locker room access on the basis of gender identity — a move that could have significant ramifications for a case before the Supreme Court concerning transgender rights.

The Departments of Education and Justice issued a joint guidance Wednesday evening rolling back the order. The two-page “Dear Colleague Letter” said the Obama administration had failed to substantiate the claim that Title IX’s prohibition on “sex” discrimination in education also applies to gender identity.

“In these circumstances, the Department of Education and the Department of Justice have decided to withdraw and rescind the above-referenced guidance documents in order to further and more completely consider the legal issues involved,” the order reads.  “The Departments thus will not rely on the views expressed within them.”
"The Obama administration had failed to substantiate the claim that Title IX’s prohibition on “sex” discrimination in education also applies to gender identity."

Disputes between a President and a Governor are a legitimate topic for a political science essay such as this one.  Disputes between an ex-President and the current President are also a legitimate topic for this political science essay.

These are the first two paragraphs of a February 22, 2017 Fox News story.
The Trump administration Wednesday revoked federal guidelines issued by former President Barack Obama that allowed public school students to use restrooms and other facilities corresponding to their gender identity.

A document submitted to the Supreme Court by the Solicitor General's office said that the Obama-era directive issued this past May did not "undergo any formal public process" or explain how the directive was "consistent with the express language of Title IX," the federal law outlawing sex discrimination in education and activities.

"Congress, state legislatures, and local governments are in a position to adopt appropriate policies or laws addressing this issue," Attorney General Jeff Sessions said in a statement.  "The Department of Justice remains committed to the proper interpretation and enforcement of Title IX and to its protections for all students, including LGBTQ students, from discrimination, bullying, and harassment.”

Billy Graham's son is unfairly censored

These are the first six paragraphs of a December 30, 2018 Washington Examiner story. The Daily Signal is a publication of the activist part of the Heritage Foundation.
Evangelical leader Franklin Graham, the son of the late evangelist Billy Graham, was banned from posting on Facebook for 24 hours after a 2016 post of his was flagged for "dehumanizing language."

Following the ban Graham said in a Facebook post on Friday that the flagged statement, which was from April, was about North Carolina's "bathroom bill" that focused on which bathrooms transgender individuals were legally allowed to use.

She also shared the content of that flagged post, urging his followers to judge whether it contained hate speech.  The post was critical of Bruce Springsteen canceling a North Carolina concert over the bill's existence.

"Bruce Springsteen, a long-time gay rights activist, has cancelled his North Carolina concert," Graham wrote.  "He says the NC law #HB2 to prevent men from being able to use women's restrooms and locker rooms is going 'backwards instead of forwards.'  Well, to be honest, we need to go back!  Back to God.  Back to respecting and honoring His commands.  Back to common sense."

Facebook said the ban was made in error by Facebook's content review team, which has upward of 15,000 employees, and said that it was a mistake to take Graham's original post down.

“A page admin for Franklin Graham’s Facebook page did receive a 24-hour feature block after we removed a post for violating our hate speech policies," a Facebook spokesperson told the Washington Examiner.  "Upon re-reviewing this content, we identified that the post does not violate our hate speech policy and has been restored.”
A similar story was published in The Hill on the same day.

The photo below was published in the Chicago Tribune in 1967.  The caption underneath it was the one they used.


Evangelist Billy Graham preaches to about 40,000 people attending "Reformation Services" at Polo Grounds in New York City in 1967 as part of the Protestant Council of Churches' "Visitation Week."


A reason for making changes to Texas state law

These are the first six paragraphs of a March 3, 2017 Daily Signal article. The Daily Signal is a publication of the activist part of the Heritage Foundation.
Texas is taking measures to protect its citizens from laws that hinder “common sense and public safety” when it comes to transgender persons being allowed to use both men’s and women’s restrooms.

“This is a public safety issue,” Texas Lt. Gov. Dan Patrick, a Republican, said during a conference call with reporters Friday.

Legislation filed by Texas state Sen. Lois Kolkhorst, R-Brenham, seeks to ensure that men and women use separate bathrooms.

Kolkhorst said the bill, titled the Texas Privacy Act, will clarify who will be allowed to enter both men’s and women’s restrooms.

“I don’t view this bill as a transgender bill,” Kolkhorst said in the conference call.  “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.”

The gender on a person’s birth certificate would determine which bathroom Texans could use.
The issue is very simple.  When someone is using a bathroom or the changing room of a department store, they are temporarily vulnerable because they are temporarily semi-dressed.  The legislation that this organization (and others) wishes to promote will protect these people, some of whom are children, against sexual predators, some of whom are named in news stories later on this page as being convicted of sexual crimes.


Texas legislation

All five of these are clickable links to the text of the bill.  The language of any bill can be changed at any time by any amendment that receives the approval of a majority of that part of the Texas State Legislature.

Note: The "political subdivisions" of a state are its' cities and towns.  The Governor of any state can order a city or a town to stop performing its' official duties.  This happened to four towns in my home state of Massachusetts.  Legislation was passed in the state legislature in 1927 that gave those four towns until a date in 1938 to abandon all property because a water reservoir was being planned.  Link to a history of those towns.

The following updates are listed in chronological order, oldest first.

This July 11, 2017 news story on the website of the CBS affiliate in Dallas and Fort Worth, Texas says that legislation designed to protect bathroom privacy has been filed for a 30-day special session of the Texas legislature.

This July 21, 2017 news story on the website of the New York Times offers a balanced view of this issue, and that is a refreshing change.  The news story quotes people on both sides of the issue.  The headline of this story doesn't characterize either side but simply shows the fact that this is an issue that many people care about.  That journalistic balance is very different than many of the stories that they published during the 2016 presidential campaign.

A bill was passed  21-10 by the Texas State Senate, according to this July 26, 2017 Fox News Story.

These are the first two paragraphs of an August 15, 2017 Dallas Morning News story.  The link in the second paragraph was in their story.  I added this quote and the link to the next story, by C.N.N., on November 10, 2017.
AUSTIN — The Texas bathroom bill is dead — for now.

In an unexpected move late Tuesday, the Texas House wrapped up its business a day ahead of the official end of the 30-day special session, killing any hopes the legislation could be revived in the 11th hour. The Senate adjourned just a few hours later, and lawmakers went home for the second time this year without passing a bathroom bill.
C.N.N. reported a similar story on August 16, 2017.

The Hill reported a similar story on August 16, 2017.

Reuters reported a similar story on August 16, 2017.

I may not notice immediately if any of these bills are passed by both houses of the Texas state legislature and is then signed into law by the Texas Governor, but if I find out that this has happened, I will update this section accordingly.


One reason for maintaining gender-specific bathrooms

This section was added on November 10, 2017.  Note that the first crime happened in a home, but another sex crime happened in a the changing room of an American department store, as documented later in this section.

Still other sex crimes have been documented on another essay on my home-state blog.  One incident was witnessed by the Georgia State Director of the American Civil Liberties Union.  In fact, this happened to her own children, which is why she resigned from that organization.  This June 2, 2016 Reuters story about her resignation is one of several links that are included on that blog page.

The October 16, 2017 trial

These are the first five paragraphs of an October 16, 2017 story in the Billings, WY Gazette.
The jury trial for a Casper resident charged with sexually assaulting a 10-year-old girl began Monday.

Miguel Martinez faces one count of first-degree sexual abuse of a minor and one count of second-degree sexual abuse of a minor. If found guilty, Martinez could face up to 70 years in prison.

Martinez's public defender, Tracy Hucke, said at a previous hearing that her client identifies as a woman and uses the name Michelle.

The 10-year-old's mother reported to Casper police in March that her daughter said Martinez sexually assaulted her in a bathroom.

The girl told police that Martinez, who is a family friend, invited her into the bathroom, touched her breasts and genitalia before penetrating her. Nurses at the Wyoming Medical Center completed a sexual assault exam and found redness and abrasions on the girl's genitalia.
This is the third paragraph.

"Martinez's public defender, Tracy Hucke, said at a previous hearing that her client identifies as a woman and uses the name Michelle."

I won't identify him as a woman because he was convicted of penetrating a 10-year-old girl.  News articles that document his conviction are included in this section.

He is a convicted criminal and as such, he doesn't deserve as much respect as those of us who are capable of obeying the laws of God and man.

The photo of Miquel on the right was included in the news story in the Billings Gazette.

This story was also reported by these other websites.  They are listed in chronological order, oldest first.

The Casper, WY Star-Tribune, October 16, 2017

KTWO Radio in Casper, Wyoming, October 16, 2017

The Casper, WY Star-Tribune reported on October 17, 2017 that the victim, a 10-year-old girl, gave video testimony.

The Daily Caller, October 18, 2017


The October 19, 2017 conviction

These are the first two paragraphs of an October 19, 2017 story in the Billings, WY Gazette.  I quoted an October 16, 2017 story on the same website about the beginning of his trial.
A Casper resident was found guilty Wednesday of sexually assaulting a 10-year-old girl.

A 12-person jury found Miguel Martinez guilty of first-degree and second-degree sexual abuse of a minor. Martinez could face up to 70 years in prison.
The story of his conviction was reported by these websites.  They are also listed in chronological order, oldest first.

This video was uploaded on October 19, 2017.
KTWO Radio, October 18, 2017

Fox News, October 19, 2017

The Daily Caller, October 19, 2017

The New York Post, October 20, 2017

KFI Radio, October 20, 2017
The U.K. Daily Mail, October 20, 2017 (updated October23, 2017)


The July 2016 crime in the department store dressing room

Note: The October 19 Daily Caller story linked to this July 13, 2016 Daily Caller story about a man who was arrested for taking photos of women in a women's dressing room at a Target store.

The July 13, 2016 Daily Caller story linked to this July 12, 2016 story in the Idaho Falls, ID Post Gazette.

This July 13, 2016 KTVB story (based in Boise, Idaho) is about the same arrest.

This July 13, 2016 story, apparently reported by KIFI and KIDK in Idaho, is about the same arrest.

This July 13, 2016 Fox News story is about the same arrest.

This July 13, 2016 New York Daily News story is also about the same arrest.

This YouTube video,  uploaded on July 14, 2016, shows him admitting that he was a voyeur at the Target store.

These are the first two paragraphs of an October 17, 2016 East Idaho News story.
IDAHO FALLS — A transgender woman pleaded guilty to one felony count of video voyeurism Monday and admitted to filming a teenage girl undressing in a Target fitting room.

Shauna Patricia Smith, 46, whose legal name is Sean Patrick Smith, was originally scheduled for a jury trial later this month. But Smith appeared before District Judge Joel Tingey in a Bonneville County courtroom Monday and unexpectedly entered the guilty plea.
This story refers to Sean Patrick Smith (his legal name) as a woman, but he doesn't deserve the same respect as people who obey the law.

Remember, Sean Patrick Smith pleaded guilty to a felony.

No comments:

Post a Comment