Kirsten Andersen

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Transgender bathroom laws an assault on freedom, expert says

Kirsten Andersen
Kirsten Andersen
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MONTCLAIR, CA, November 15, 2013 (LifeSiteNews.com) – A Los Angeles-area gym is under fire for a transsexual’s claim that he was asked to stop using the women’s locker room after revealing his past life as a man to his personal trainer.

Yanel Valenzuela, 29, told KCAL-9 Los Angeles that a female manager at the Montclair location of the LA Fitness gym chain told him he was no longer welcome to use the women’s changing and restroom area after he confessed to a personal trainer that he had been born a man, but had surgery to remove his male sex organs and replace them with female facsimiles.

According to Valenzuela, he told the trainer his secret because he wanted fitness advice targeted toward his unusual situation. But he claims a manager took him aside later and told him he couldn’t use the women’s locker room anymore.

“I felt hurt because I don’t understand why she did it. She had no reason. She had no complaints from anyone,” Valenzuela told KCAL. He said he showed the manager his California driver’s license, which he had changed to say he is a female, along with a letter from his doctor confirming he’d had the sex-change operation.

Valenzuela insists the manager’s request amounted to disrespect and harassment. “It gave me emotional stress,” he told KCAL. “I don’t think it was fair.” He said he went to the press about the incident to force the manager to think twice before denying anyone else access to the restroom or changing facilities of their choice.

“I hope this never happens to anybody again because it’s not fair for me to be disrespected in front of clients and the members that come here,” Valenzuela said.

LA Fitness told KCAL they are aware of the situation, but refused to comment further. It has not been confirmed whether the gym planned to go through with banning Valenzuela from the women’s facilities; however, that seems unlikely, as California’s anti-discrimination law singles out “gender identity” and “gender expression” as protected classes.

Facilities use by so-called “transgender” people has been a particularly hot topic in California of late, as concerned parents have mounted a ballot referendum to overturn a recently-passed law requiring the state’s public schools to allow students to use the restroom and changing facilities of their chosen – not biological – sex, as well as participate in the single-sex activities of their choice, such as sports teams.

While California’s laws do not specifically address the use of privately owned restrooms, an increasing number of judges and commissioners around the country have interpreted “public accommodation” provisions like the one contained in California’s anti-discrimination law to include access to the bathroom of one’s choice. For example, in Oregon, a bar owner was recently ordered to pay a group of cross-dressers $400,000 after he asked them not to return due to other customer’s complaints about their inappropriate behavior in the women’s restroom.

The Obama administration’s Department of Justice, which has called the promotion of transgender acceptance a “top priority,” has also taken an aggressive stance on the issue, claiming that the 1964 Civil Rights Act, which bans discrimination based on sex, applies to “perceived” sex as well as real sex. The DOJ has mounted a campaign of legal harassment against schools and employers that fail to allow self-identified transgender people (regardless of biology or surgical status) to access facilities meant for the opposite sex.

A number of schools have been intimidated by the DOJ’s threats, including the University of Arkansas, which changed its bathroom policy after the DOJ sent them a letter threatening legal action if they refused to allow a 38-year old male cross-dresser to use the women’s restrooms, despite the fact that the man – a father of a toddler who had recently divorced his second wife – had not yet had surgery to remove his male organs.

But Randy Thomasson of Save California believes the DOJ is wrongly interpreting the law. Attorney General “Eric Holder needs to reread the Civil Rights Act of 1964 and find out that civil rights are based on an unchangeable, immutable characteristic,” Thomasson said, after the DOJ forced a Los Angeles area high school to allow a ninth grade girl to use the men’s facilities. “You cannot change your genes or your gender. You have chromosomes and they are either XX or XY.”

Laurence Vance, a policy adviser at the Future of Freedom Foundation, goes even further. Vance argues that governmental attempts to force private property owners to accommodate the whims of those suffering from gender confusion highlights a fatal flaw within the nation’s anti-discrimination laws.

“From a private property standpoint, the growing trend of making accommodations for ‘transgender’ people should be opposed root and branch, but not because this concerns anyone's sexual orientation or gender identity,” Vance told LifeSiteNews via e-mail. “All anti-discrimination laws are an assault not only on property rights, but on freedom of thought and freedom of association.”

“In a truly free society,” Vance stated, “all business and property owners would be free to discriminate against anyone, for any reason, and on any basis. And it goes without saying that they would be free to make their own restroom policies. But even without going this far, all federal anti-discrimination laws should still be opposed simply because the federal government has no authority under the Constitution to make them.”

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Newsbusters Staff

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Disney ABC embraces X-rated anti-Christian bigot Dan Savage in new prime time show

Newsbusters Staff
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March 30, 2015 (NewsBusters.org) -- Media Research Center (MRC) and Family Research Council (FRC) are launching a joint national campaign to educate the public about a Disney ABC sitcom pilot based on the life of bigoted activist Dan Savage. MRC and FRC contacted Ben Sherwood, president of Disney/ABC Television Group, more than two weeks ago urging him to put a stop to this atrocity but received no response. [Read the full letter]

A perusal of Dan Savage’s work reveals a career built on advocating violence — even murder — and spewing hatred against people of faith. Savage has spared no one with whom he disagrees from his vitriolic hate speech. Despite his extremism, vulgarity, and unabashed encouragement of dangerous sexual practices, Disney ABC is moving forward with this show, disgustingly titled “Family of the Year.”

Media Research Center President Brent Bozell reacts:

“Disney ABC’s decision to effectively advance Dan Savage’s calls for violence against conservatives and his extremist attacks against people of faith, particularly evangelicals and Catholics, is appalling and outrageous. If hate speech were a crime, this man would be charged with a felony. Disney ABC giving Dan Savage a platform for his anti-religious bigotry is mind-boggling and their silence is deafening.

“By creating a pilot based on the life of this hatemonger and bringing him on as a producer, Disney ABC is sending a signal that they endorse Dan Savage’s wish that a man be murdered. He has stated, ‘Carl Romanelli should be dragged behind a pickup truck until there’s nothing left but the rope.’ ABC knows this. We told them explicitly.

“If the production of ‘Family of the Year’ is allowed to continue, not just Christians but all people of goodwill can only surmise that the company Walt Disney created is endorsing violence.”

Family Research Council President Tony Perkins reacts:

“Does ABC really want to produce a pilot show based on a vile bully like Dan Savage?  Do Dan Savage’s over-the top-obscenity, intimidation of teenagers and even violent rhetoric reflect the values of Disney?  Partnering with Dan Savage and endorsing his x-rated message will be abandoning the wholesome values that have attracted millions of families to Walt Disney.”

Dan Savage has made numerous comments about conservatives, evangelicals, and Catholics that offend basic standards of decency. They include:

  • Proclaiming that he sometimes thinks about “f****ing the shit out of” Senator Rick Santorum

  • Calling for Christians at a high school conference to “ignore the bull**** in the Bible”

  • Saying that “the only thing that stands between my d*** and Brad Pitt’s mouth is a piece of paper” when expressing his feelings on Pope Benedict’s opposition to gay marriage

  • Promoting marital infidelity

  • Saying “Carl Romanelli should be dragged behind a pickup truck until there’s nothing left but the rope.”

  • Telling Bill Maher that he wished Republicans “were all f***ing dead”

  • Telling Dr. Ben Carson to “suck my d***. Name the time and place and I’ll bring my d*** and a camera crew and you can s*** me off and win the argument.”

Reprinted with permission from Newsbusters

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Jacqueline Harvey

Ending the end-of-life impasse: Texas is poised to ban doctor-imposed death by starvation

Jacqueline Harvey
By Jacqueline Harvey

AUSTIN, Texas, March 30, 2015 (TexasInsider.org)  After five consecutive sessions of bitter battles over end-of-life bills, the Texas Legislature is finally poised to pass the first reform to the Texas Advance Directives Act (TADA) in 12 years. An issue that created uncanny adversaries out of natural allies, and equally odd bedfellows, has finally found common ground in H.B. 3074 by State Rep. Drew Springer.  

H.B. 3074 simply prohibits doctor-imposed euthanasia by starvation and dehydration.

Since H.B. 3074 includes only those provisions and language that all major organizations are on record as having deemed acceptable in previous legislative sessions, there is finally hope of ending the end-of-life impasse in the Texas Capitol.

Many would be surprised to learn that Texas law allows physicians to forcibly remove a feeding tube against the will of the patient and their family. In fact, there is a greater legal penalty for failing to feed or water an animal than for a hospital to deny a human being food and water through a tube.

This is because there is no penalty whatsoever for a healthcare provider who wishes to deny artificially-administered nutrition and hydration (AANH). According to Texas Health and Safety Code, “every living dumb creature” is legally entitled access to suitable food and water.

Denying an animal food and water, like in this January case in San Antonio, is punishable by civil fines up to $10,000 and criminal penalties up to two years in jail per offense. Yet Texas law allows health care providers to forcibly deny food and water from human beings – what they would not be able to legally do to their housecat. And healthcare providers are immune from civil and criminal penalties for denial of food and water to human beings as long as they follow the current statutory process which is sorely lacking in safeguards.

Therefore, while it is surprising that Texas has the only state law that explicitly mentions food and water delivered artificially for the purpose of completely permitting its forced denial (the other six states mention AANH explicitly for the opposite purpose, to limit or prohibit its refusal), it is not at all surprising that the issue of protecting a patient’s right to food and water is perhaps the one point of consensus across all major stakeholders.

H.B. 3074 is the first TADA reform bill to include only this provision that is agreed upon across all major players in previous legislative sessions.

There are irreconcilable ideological differences between two major right-to-life organizations that should supposedly be like-minded: Texas Alliance for Life and Texas Right to Life. Each faction (along with their respective allies) have previously sponsored broad and ambitious bills to either preserve but reform the current law (Texas Alliance for Life’s position) or overturn it altogether as Texas Right to Life aims to do.

Prior to H.B. 3074, bills filed by major advocacy organizations have often included AANH, but also a host of other provisions that were so contentious and unacceptable to other organizations that each bill ultimately died, and this mutually-agreed-upon and vital reform always died along with it.

2011 & 2013 Legislative Sessions present prime example

This 2011 media report shows the clear consensus on need for legislation to simply address the need to protect patients’ rights to food and water:

“Hughes [bill sponsor for Texas Right to Life] has widespread support for one of his bill’s goals: making food and water a necessary part of treatment and not something that can be discontinued, unless providing it would harm the patient.”

Nonetheless, in 2013, both organizations and their allies filed complicated, contentious opposing bills, both of which would have protected a patient’s right to food and water but each bill also included provisions the rival group saw as contrary to their goals. Both bills were ultimately defeated and neither group was able to achieve protections for patients at risk of forced starvation and dehydration – a mutual goal that could have been met through a third, narrow bill like H.B. 3074.

H.B. 3074 finally focuses on what unites the organizations involved rather than what divides them, since these differences have resulted in a 12 year standoff with no progress whatsoever.

H.B. 3074 is progress that is pre-negotiated and pre-approved.

It is not a fertile springboard for negotiations on an area of mutual agreement. Rather it is the culmination of years of previous negotiations on bills that all came too late, either due to the complexnature of rival bills, the controversy involved, or even both.

On the contrary, H.B. 3074 is not just simply an area of agreement; moreover, it is has already been negotiated. It should not be stymied by disagreements on language, since Texas Alliance for Life and Texas Right to Life (along with their allies) were able to agree on language in 2007 with C.S.S.B. 439. C.S.S.B. 439 reads that, unlike the status quo that places no legal conditions on when food and water may be withdrawn, it would be permitted for those in a terminal condition if,

“reasonable medical evidence indicates the provision of artificial nutrition and hydration may hasten the patient’s death or seriously exacerbate other major medical problems and the risk of serious medical pain or discomfort that cannot be alleviated based on reasonable medical judgment outweighs the benefit of continued artificial nutrition and hydration.”

This language is strikingly similar to H.B. 3074 which states, “except that artificially administered nutrition and hydration must be provided unless, based on reasonable medical judgment, providingartificially administered nutrition and hydration would:

  1. Hasten the patient’s death;
  2. Seriously exacerbate other major medical problems not outweighed by the benefit of the provision of the treatment;
  3. Result in substantial irremediable physical pain, suffering, or discomfort not outweighed by the benefit of the provision of the treatment;
  4. Be medically ineffective; or
  5. Be contrary to the patient’s clearly stated desire not to receive artificially administered nutrition or hydration.”

With minimal exceptions (the explicit mention of the word terminal, the issue of medical effectiveness and the patient’s right to refuse), the language is virtually identical, and in 2007 Texas Right to Life affirmed this language as clarifying that “ANH can only be withdrawn if the risk of providing ANH is greater than the benefit of continuing it.”

Texas Right to Life would support the language in H.B. 3074 that already has Texas Alliance for Life’s endorsement. Any reconciliation on the minor differences in language would therefore be minimal and could be made by either side, but ultimately, both sides and their allies would gain a huge victory – the first victory in 12 years on this vital issue.

It seems that the Texas Advance Directive Act, even among its sympathizers, has something for everyone to oppose.

The passage of H.B. 3074 and the legal restoration of rights to feeding tubes for Texas patients will not begin to satisfy critics of the Texas Advance Directives Act who desire much greater changes to the law and will assuredly continue to pursue them. H.B. 3074 in no way marks the end for healthcare reform, but perhaps a shift from the belief that anything short of sweeping changes is an endorsement of the status quo.

Rather, we can look at H.B. 3074 as breaking a barrier and indicating larger changes are possible.

And if nothing else, by passing H.B. 3074 introduced by State Rep. Drew Springer, we afford human beings in Texas the same legal access to food and water that we give to our horses. What is cruel to do to an animal remains legal to do to humans in Texas if organizations continue to insist on the whole of their agenda rather than agreeing to smaller bills like H.B. 3074.

The question is, can twelve years of bad blood and bickering be set aside for even this most noble of causes?

Reprinted from TexasInsider.org with the author's permission. 

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Only 3 Days Left!
John-Henry Westen John-Henry Westen Follow John-Henry

Only 3 Days Left!

John-Henry Westen John-Henry Westen Follow John-Henry
By John-Henry Westen

I can’t believe how quickly our annual Spring campaign has flown by. Now,with only 3 days remaining, we still have $96,000 left to raise to meet our absolute minimum goal.

That’s why I must challenge you to stop everything, right now, and make a donation of whatever amount you can afford to support the pro-life and pro-family investigative reporting of LifeSite!

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For 17 years, we have relied almost exclusively on the donations of our growing army of everyday readers like you: readers who are tired of the anti-life and anti-family bias of the mainstream media, and who are looking for a different kind of news agency.

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I want to thank the many readers who helped bring us within striking distance of our minimum goal with their donations over the weekend. 

But though we have made great strides in the past few days, we still need many more donations if we are going to have any hope of making it all the way by April 1st.

In these final, anxious days of our quarterly campaigns, I am always tempted to give in to fear, imagining what will happen if we don’t reach our goal.

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