Retiring state Rep. Paul “Skip” Stam joins NCGOP communications guru Kami Mueller as the most effective defenders thus far of HB2 against the leftist onslaught. Stam, an attorney by trade, delivered this verbal spanking via a news release linked to his personal web site:
Citing a commitment to “fairness and inclusion,” the NCAA announced September 12 that it will move seven championship events out of North Carolina during the 2016-17 school year. The hypocrisy of the NCAA’s “commitment” is breathtaking. The organization selectively boycotts North Carolina for policies it claims are unique to our state–but actually are common throughout the nation–and for daring to disagree with a sweeping federal mandate by the Obama Administration–a mandate that is currently being challenged in court by 24 other states. The NCAA is in violation itself of the civil rights provision of Title IX as interpreted by the Obama Administration.[…]
Um …. BOOM!
The speaker pro tem was just getting started:
FACT #1: The NCAA claims that the “dynamic” in North Carolina is different from other states. But North Carolina state law on discrimination is the same or very similar to that of 28 other states and the statutory law of the Federal government. […] Proponents of the Charlotte type discrimination ordinance say it has been enacted in 200 cities nationwide. Their leader, Rep. Chris Sgro, says it is 100 cities. Whether it is 100 or 200 means that about 10,000 other cities and towns nationwide do not have a similar ordinance. How many NCAA events, members or fans are located in these 10,000 other cities and towns?
FACT #2: North Carolina has been joined by 24 other states in challenging President Obama’s bizarre interpretation of the word “sex” in Title IX (education funding) relating to “discrimination.” The first was North Carolina Governor McCrory and Secretary Perry v. U.S. Department of Justice. Twenty-three other states have joined the battle. In addition, G.G. v. Gloucester County School Board of Virginia is on appeal in the US Supreme Court, and deals with the same issue. The U.S. Supreme Court decided 5-3 NOT to allow the President’s interpretation to go into effect pending final decision.
FACT #3: LGBT persons have the same rights in North Carolina that the rest of us do. Let me explain in detail: What is discrimination? American citizens who are North Carolina residents have a full panoply of rights that come from the United States Constitution, United States Statutes, the North Carolina State Constitution (particularly Article I of the Declaration of Rights), state statutes and local ordinances. These rights are available in full to almost everyone.
Article I Section I of the North Carolina Constitution provides as follows: The equality and rights of persons. We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.
There are exceptions. Aliens do not have the right to vote, whether here legally or illegally. Children do not have the right to enter into most contracts nor the right to vote nor the right to buy alcohol. Those who by mental disease are not able to conduct their own affairs may be declared incompetent by a Court. Their rights are protected and enhanced by the appointment of a Guardian. Convicted criminals lose some of their rights. Even convicted criminals have the right in most circumstances to not undress or use the bathroom in the presence of a person of the opposite sex.
Stam points out that this sop to the radical homosexual movement by the NCAA may have the unintended consequence of forever damaging women’s sports:
[…] : On May 13, 2016, the United States Departments of Justice and Education issued a joint letter explaining a school’s obligation under Title IX regarding transgender students.3 It came with an implicit threat of denial of Title IX funding. Almost all, if not all, NCAA member institutions receive Title IX funding. The Problem The letter claimed to rely on Title IX of the Education Amendments of 1972. The letter stated that: “[g]ender identity refers to an individual’s internal sense of gender. A person’s gender identity may be different from or the same as the person’s sex assigned at birth…Under Title IX, a school must treat students consistent with their gender identity even if their education records or identification documents indicate a different sex…Under Title IX, there is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity.” (emphasis added)[…]
NCAA “MIXED TEAM STATUS” POLICIES
1. A trans male (Female to Male) student-athlete who has received a medical exception for treatment with testosterone for diagnosed Gender Identity Disorder or gender dysphoria and/or Transsexualism, for purposes of NCAA competition may compete on a men’s team, but is no longer eligible to compete on a women’s team without changing that team status to a mixed team.
2. A trans female (Male to Female) student-athlete being treated with testosterone suppression medication for Gender Identity Disorder or gender dysphoria and/or Transsexualism, for the purposes of NCAA competition may continue to compete on a men’s team but may not compete on a women’s team without changing it to a mixed team status until completing one calendar year of testosterone suppression treatment.19 If either of the above occurred, colleges and universities would see a decrease in the number of women’s collegiate sports teams. Once a team is changed to “mixed-team status,” that team is no longer able to compete against females nor is that team classified as a female team.
Title IX requires that, “[N]o person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance.” Title IX requires that schools treat females and males equally with respect to participation, opportunities, athletics scholarships and treatment of male and female teams. Title IX athletic regulations were extensively debated by Congress and became law in June of 1975, giving high schools and colleges three years and elementary schools one year to comply.
[…] If the letter of advice from the Department of Justice and Department of Education is converted into a law by the Federal Courts then the days are numbered for collegiate, high school and professional women’s sports. Title IX was conceived as a boon to women in sports but will now be used as a weapon against them.
FACT #5: The NCAA also claimed to have made its decision because “North Carolina law provides legal protections for government officials to refuse services to the LGBT community” – a vague reference to SB 2/S.L. 2015-75. In the litigation over that law not a single LGBT person has cited one instance of being denied service. In fact, the law provides how marriage services are provided to everyone legally entitled to marry. The NCAA has no reference to any other concern or issue on that point.
FACT #6: The NCAA cites as a reason for its decision that 5 states (and some cities) prohibit travel to North Carolina. That would be a reason to sanction those states and cities. To sanction North Carolina for that reason gives power to the “heckler’s veto.”
If the NCAA wants to solidify its commitment to “fairness and inclusion” and restrict its activities to states that meet its litmus test for an “inclusive atmosphere,” it should expand its deliberations to include the 24 states suing the Obama Administration and the overlapping 28 states with policies similar to North Carolina’s, while also turning the spotlight on its own policies regarding women in athletics. Soon it will no longer be the National Collegiate Athletic Association.