Attorney General Jackley’s Response to President Obama’s School Bathroom Mandate

Pat Powers

jackley-logo Marty JackleyAttorney General Jackley’s Response to President Obama’s School Bathroom Mandate

PIERRE, S.D. – The President of the United States, through the U.S. Department of Education, today issued a letter that has established a requirement that every public school district in the country allow transgender students to use the bathrooms and locker rooms that match the student’s chosen gender identity and further threatening federal civil rights litigation and education funding withholdings.

“President Obama does not have the legal authority to mandate South Dakota schools and parents to require our children to share locker rooms and bathrooms with children of the opposite sex. While there are opportunities for state lawmakers and school districts to address the transgender issue in a nondiscriminatory manner, this mandate and threat of lawsuits and withholding of education funding for children is not a proper approach. Likewise, any harassment that targets a student based on transgender identity is not appropriate nor permissible under the law. I am and will continue discussing the federal mandate and the proper action with other State Attorneys General,” said Jackley.

39 thoughts on “Attorney General Jackley’s Response to President Obama’s School Bathroom Mandate”

  1. “President Obama does not have the legal authority to mandate South Dakota schools”etc….and he is not claiming to.. Does Jackley not know that or is he lying in the insinuation the Obama adm. claims they do have authority?

    “It does not have the force of law, but it contains an implicit threat: Schools that do not abide by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid.””–NYT

    1. FW, when the Feds tell the states they must do something or face losing funds, the Feds are mandating something, the lack of being a “force of law” notwithstanding. Jackley is just saying the President does not have the authority to withhold funds if the states do not follow this. There is nothing in the law being used that even hints at transgender issues. This is a case where the administration is making something up without the use of Congress. The worst part of your defense of this miserable attack on the states is you know what I said is true but still defend this.

      2. I don’t really know what your point is but to as usual whine about something Obama has done…. If he doesn’t have the authority I am sure the repugs will challenge the “mandate…. If they don’t like so many other things they claim is over reach, what does that tell you?…..Can you tell me what I said that is not true in my first comment?

        I remember George Wallace and folks like you saying the same thing about integration of schools

        Tell me this, where have trans. been peeing before “you people” decided to make something out of nothing and go on another hate/fear mongering crusade of ignorance just like the other “you people” have always lost?.I heard this morning that in all the schools up to 12th grade there are probably about 300 trans. kids. Where is the problem? What problems have there been? …. One “problem” for “you people” is that y’all are running out of targets to treat like 2nd class Americans…It’s a bitch ain’t it?

        “ignorance” I said? What “you people” are calling for is for females in every way to use boys bathrooms and masculine hairy men in every way to use women’s bathrooms..

  2. What a coward. Transgender is not a protected class no matter what Jackley intimates. He’s playing both sides with this pathetic statement. What a great man of principle.

    1. ” any harassment that targets a student based on transgender identity is not appropriate nor permissible under the law.”— Are you saying “” any harassment that targets a student based on transgender identity “–is acceptable to you? What other groups should legally harassed?

    2. He didn’t say it’s a protected class, he simply said that they shouldn’t be harassed. Same as any other person, even plebeians like yourself. And fretwalker, I’m sure that he understands the Feds ability better to make these threats. It’s similar to the drinking age. The Feds can withhold funds under certain circumstances, so if they do so in SD I’m sure that a SD suit will follow. Until such time that a transgender student actually forces the issue in SD you are all getting worked up for no reason.

  3. It’s time to tell Obumer to shove it . Too bad our Gov . & some legislators are cowards ,( for vetoing our bill .)

      1. Put in a couple of gender neutral bathrooms. Problem solved. Just don’t force the girls to have a boy in their bathrooms or vice versa. It seems this was never a problem until someone (I guess Obama once again) chose to make it one, and then of course anyone who disagrees with this is called bigot or racist or sexist or whatever. It isn’t necessary to infringe on the rights of the majority in order to solve some of these problems nowadays, but it seems that is the preferred road to take by this administration and libs.

        1. Springer, many people would agree with your statement. The potential for horrible situations to happen are becoming more real. It would have been nice for our AG and Governor to of had a bigger pair.

          1. “The potential for horrible situations to happen are becoming more real.”– Please explain…and give numbers and sources to back up your claims…

          2. MK
            “The potential for horrible situations to happen are becoming more real. ”

            Can you explain?

            There have been more Republican legislators & congressmen caught and convicted of illegal sexual acts against minors than those who are transgender. Do I believe Republican legislators are all pedophiles or should have their own bathrooms? Absolutely not!

        2. “(I guess Obama once again) “– You guess wrong..

          ” Just don’t force the girls to have a boy in their bathrooms or vice versa.”— If you people are going to complain about something how about occasionally attempting to know what y’all are talking about.

    2. Jackley was silent on daugaard’s veto. He was silent on conflict of interest legislation.

      After the fact he takes strong stances. Prior he doesn’t fight.

      I want a fighter in Pierre.

  4. Jackley just lost my vote for governor. If this is his idea of taking a strong stance, I’m not impressed.

    1. You may inquire of Rep. Deutsch, but I understand Jackley’s office was supportive of his legislative efforts. He has clearly stated his position multiple times in the past few weeks.

  6. My first question is what is our Congressional delegation going to do about this? They have let this would be dictator get away with unlawful acts and it only encourages him. And to those of you who see nothing wrong with this, read this story. http://abc7chicago.com/news/man-chokes-8-year-old-girl-in-south-loop-bathroom-police-say/1336656/ I have a five year old granddaughter. I am pretty sure when she goes into the bathroom when she starts school next fall, she does not need a mixed up boy going into the stall next to her while she goes potty. And she certainly does not need some mixed up man or possibly a pervert going into the bathroom at the park. Do you really want your 14 year old daughters in the locker rooms sharing a shower with a girl with male genitalia? If you see no problem with this, God forbid you have daughters.

    1. “My first question is what is our Congressional delegation going to do about this? They have let this would be dictator get away with unlawful acts Do you not even realize that if Obama were ,committing “unlawful acts” your whack-jobs would have done something—– List those “unlawful acts” that have been proven to be “unlawful”;;

      I earlier saw the story you linked to and I knew one of “you people” on some forum would be vicious and/or ignorant enough to equate that incident with this issue— What the h— does that have to do with this issue? Apparently you don’t even know what pediphilia is…
      You have no idea what transgender means…Give ONE example of sexual abuse by a trans person….

      1. http://www.committeeforjustice.org/content/25-violations-law-president-obama-and-his-administration Try google if you want to find a complete list.
        You don’t seem to understand the situation. By this very law, it is going to allow for the pedophiles and other perverts to go in. Why is it that someone with the genitalia that does not match the bathroom insists on going into that bathroom, showering with people of the biological opposite sex and etc.? This is a bogus issue by people with bogus feelings of being the wrong sex. I have seen a report that says up to 40% of people who have the sex change operation regret it. As long as someone has male genitalia, what is wrong with them going into the men’s room and as long as someone has female genitalia, go to the women’s room? And why make people who do not suffer from a disorder do their business in the company of people of the opposite sex? BTW, I notice you do not care to tell me whether you like the idea of your 14 year old daughter showering with a boy.

        1. #1 – You link a right-wing site? Ridiculous— Why haven’t the right-wing t-brains elected to congress impeached him if that garbage is breaking the law?
          ————
          “By this very law, it is going to allow for the pedophiles and other perverts to go in.”– Scheeeezzee dude, that is goofier than your link.. It is difficult to respond to something so stupid but—-Tell me how that happens… Why couldn’t they always do that

          —-
          ” Why is it that someone with the genitalia that does not match the bathroom insists on going into that bathroom,”– #1 If you don’t know, why don’t you find out…Yoy won’t find it on wing-nut sites like your link..#2 Do you not even know that many people have gone through the process and had reassignment surgery—You haven’t a clue..

          ———-
          ” I have seen a report that says up to 40% of people who have the sex change operation regret it.”– If can’t post a link—you are lying or believing another hate mongering bigot..
          ————————
          ” BTW, I notice you do not care to”– care to answer ONE question I have asked —“I earlier saw the story you linked to and I knew one of “you people” on some forum would be vicious and/or ignorant enough to equate that incident with this issue— What the h— does that have to do with this issue?”—
          —————“the idea of your 14 year old daughter showering with a boy.”– Can “you people” not comprehend that is exactly what you are calling for in wanting to force a 14 year old transgender girl to use male facilities that might be full of drunken men at a sports event or at a bus station?
          ——————-
          ” “By this very law, it is going to allow for the pedophiles and other perverts to go in.”-Explain that!!

          1. Since you are unable to read and understand basic English, I am not going to spend a whole lot of time responding to you. My father told me not to argue with a fool because people will not be able to understand the difference. I will no longer argue with you. If you cannot understand how a law or actually in this case a declaration will allow for certain people to take advantage of the rule, there is no point.

            1. Your father should have told you to know what you are talking about lest you make a fool of your self..

    2. duggersd,

      First of all that transgender child is extremely self conscious and embarrassed of their own body since it does not match how they identify that they will most likely cover whatever physical characteristics or genitalia. They may even prefer shower at a separate time or use a curtain depending on the locker room. These kids are just trying to fit in and make it as less threatening as possible.

      1. Odd how the imagination of those like duggersd runs wild with any issue they think concerns sex.

      2. Big Sioux:
        I understand you are trying to be understanding and recognizing people who have are trying to fit in. I believe if we let people believe they are something they are not, we are doing them more harm than good. When I was in high school, I self identified as a starting quarterback on my high school football team. However being around 5′ 7″ tall and weighing in at a tremendous 150 lbs., it was unreasonable for me to believe I could be that person. I do not believe God, or if you prefer, Nature makes mistakes. I was born a boy and grew to be a man. Not that I regret it, but I have to accept that is who and what I am. I was not born to be a starting quarterback, but I was given other talents to become the man I am today. We all have our limitations and we all have our talents. Sometimes those limitations are a blessing because they force us to grow the talents we have.
        If a boy believes he is a girl, we do not do him any favors in agreeing with him. This is only going to confuse the child as he grows. This is the same with a girl believe she is a boy. High school and middle school are times when kids are learning who they are. I do not believe it is right to have someone who wants to be a gender she/he is not go into a bathroom or a locker room of the opposite gender of what she/he is. This is not something I would want one of my kids to have to deal with. They have enough to deal with as it is. If a child has a problem understanding what gender she/he is, then it is appropriate to help that child grow to understand rather than further confusing the child.

  7. President Obama needs to step away from this issue and let our elected officials in Washington weigh in. If they are finally able to name the North American Bison as the national mammal, surely they can solve this national bathroom crisis.

  8. This summarizes what is so wrong with the Obama philosophy:

    1). A lack of appreciation of the concept of federalism. Allowing the more local to decide what works for them.

    2). The ability of the federal government to extort submission by threatening disproportionate loss of federal moneys. How is this not racketeering and bribery?

  9. …and if “locals” don’t like blacks or jews or gays or catholics or fat people?

  10. It is telling that the so-called transgender issue came to the forefront of the secular-progressive agenda as soon as the radical Leftists won the battle over so-called gay marriage. This is typical of Alinskyite tactics: keep moving the goalposts and create a furor where it does not exist. Ultimately, these actions are not really about the claimed discrimination against people who are confused about their sexual identity, and I challenge anyone who doubts that to find numerous stories of children in our schools and/or adults in our society who were harmed by using the bathroom of the gender identified on their birth certificate that predate the SCOTUS ruling on so-called gay marriage. The true aims of this movement are to marginalize and silence people who support traditional values and to nullify the 10th Amendment. The question is this: will traditional Americans sit by quietly and allow that to happen?

    2. ‘It is telling that the so-called transgender issue came to the forefront of the secular-progressive agenda as soon as the radical Leftists won the battle over so-called gay marriage.”—I would claim it is the next issue created by bible-thumping bigots… If you are right….so friggin what?
      ‘Anybody that still mentions Alinsky can’t be taken seriously anymore than the t-brainn bunch in Texas that used the Alinsky book as a training manual…handed out to the leaders by Dick Army..

      ” furor where it does not exist.”– Where is the “furor” coming from on this goofy issue? You joined in that “furor”…
      ——————–

      “The true aims of this movement are to marginalize and silence people who support traditional values”— Again, it’s a frustrating b—- when “you people” are running out of targets for your ignorance = fear = hate, huh?

      1. It should not because it is so common, but it still surprises me when liberals resort to name-calling and profanity because they are incapable of making an intelligent argument and/or cannot make a convincing argument because the facts are not on their side. If religious conservatives, i.e. those people you disparagingly called “[B]ible-thumping bigots”, created this issue, why did it only recently come to the forefront? The fact is that the conservatives’ actions are a response to the secular-progressive agenda. Any intelligent person could tell that by looking at the timeline, and you did not prove me wrong in that regard by finding the aforementioned stories that predate the SCOTUS dictate regarding so-called gay marriage. It is revealing that liberals frequently accuse conservatives of being hateful, but your own words prove that you are the one filled with hate.

  11. This isnt federal blackmail. Check out SD v Dole. SD wanted to keep the drinking age 18, Federal government wanted to raise it to 21. SD said we get to decide, FG said well then we will hold on to these federal highway funds we have been giving you (because drinking age is tied to highway safety). SCOTUS sided with the FG saying they can place restrictions an state funds as long as the restrictions are tied to pertinent areas (since this deals directly with ed policy, it clearly passes that test)

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