I've spent a fair portion of time from Friday to now thinking about the Administration's "Dear Colleague" letter to American public school districts.
Frankly, the departure from existing law and interpretation of law is not unexpected. Still, it is stunning, abrupt, and without justification in the relevant statutes (Title VII of the Civil Rights Act and Title IX of the Education Amendments).
Hoping for impeachment?
Really? With a dead ambassador and you were lied to about the cause and Congress has done NOTHING to discipline the administration for the lies or for its failure to secure the Ambassador when security was needed?
Of course, the involved government officers should be impeached and removed from office, but who are we kidding. The Republicans lack the stomach for a fight.
The Republicans are all about meaningless gestures. So, I spent some time tonight assisting them with yet another meaningless gesture.
I drafted a Joint Resolution of Congress disapproving the "Dear Colleague" letter.
Here it is:
114th CONGRESS
2D Session
H.J. Res ___
Providing for congressional disapproval of the interpretation given to the statutory term “sex,” as that term, “sex,” it appears in Title 42 USC § 2000e-2 and Title 20 USC § 1681, as that interpretation is evidenced in certain guidance and a letter distributed to American public school districts by the United States Departments of Justice and Education on May 13, 2016.
IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATESMAY 16, 2016JOINT RESOLUTION
Providing for congressional disapproval of the interpretation given to the statutory term “sex,” as that term, “sex,” it appears in Title 42 USC § 2000e-2 and Title 20 USC § 1681, as that interpretation is evidenced in certain guidance and a letter distributed to American public school districts by the United States Departments of Justice and Education on May 13, 2016.
Whereas, on May 13, 2016, the Attorney General of the United States, by Vanita Gupta, Principal Deputy Assistant Attorney General for Civil Rights, and the Secretary of the Department of Education, by Catherine E. Lhamon, Assistant Secretary for Civil Rights, jointly provided a “Dear Colleague” letter to every public school district in the United States of America; and,
Whereas, in the “Dear Colleague” letter, certain “guidance and best practices” were proffered by the Department of Justice and the Department of Education, related to the federal civil rights laws of the United States, including Title 42 USC § 2000e-2 and Title 20 USC § 1681; and,
Whereas, the “guidance and best practices” provided in said letter depend on interpretations of the statutory language of Title 42 USC § 2000e-2 and Title 20 USC § 1681, in particular the statutory term, “sex,” as that term appears in each statute; and,
Whereas, the interpretation adopted by Vanita Gupta, Principal Deputy Assistant Attorney General for Civil Rights of the Department of Justice, and by Catherine E. Lhamon, Assistant Secretary for Civil Rights of the Department of Education changes the meaning of the term “sex” from that intended by Congress in its enactment of the statutes and abruptly departs from the meaning of the term “sex” as interpreted by the Departments of Justice and Education under every previous administration preceding the current one, and lacks justification in the language of the statutes and the legislative history of the statutes; and,
Whereas, the “Dear Colleague” letter raises the specter of disruption to school order and discipline, interferes with matters wholly within the purview of State and local educational authorities, contradicts and changes the meaning of congressionally derived terms, therefore be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That Congress disapproves the interpretation given to the statutory term “sex,” as that term, “sex,” appears in Title 42 USC § 2000e-2 and Title 20 USC § 1681, as that interpretation is evidenced in certain guidance and a letter distributed to American public school districts by the United States Departments of Justice and Education on May 13, 2016; and be it further
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the interpretation given to the statutory term “sex,” as that term appears in Title 42 USC § 2000e-2 and Title 20 USC § 1681 shall have no force or effect.************************************************** Now, that Joint Resolution could pass the House and the Senate in short order, even within a week. But, of course, a Representative would have to gather support, introduce it, and carry it through to completion. Even approved, it would die a death on the President's desk. It would then return to the House and the Senate for consideration of an override of a veto. Still, given this sort of activity is all one can count on the Republican leadership to offer, I wanted to put something out there for their consideration. If you think the House and Senate should sternly reprove the President, the Department of Justice and the Department of Education, maybe you should pass this along to others, and to your elected Representatives.
