The reason why the policy was enacted during Obama’s presidency was to grant freedom to the transgender students and enact social change. One constitutional issue that arose from this bill was the issue of the 10th Amendment. Due to Obama’s action, one could argue that the issue of checks and balances comes into play. The attorney general from TX argued that Obama bypassed Congress so that he could change the laws in order to enact “radical social change” (CNN news article). The transgender use of public bathrooms issue also comes into account on a federal vs. state level. In particular, in NC, there was a bathroom controversy over the safety of the people and who is at risk. In order to address this issue, NC Governor Pat McCroy made HB2 into a law, limiting the civil rights protection for the LGBTQ people and preventing governments from extending rights beyond the state (npr.org). Therefore, there is also a debate as to whether the issue should be based on federal or state
The reason why the policy was enacted during Obama’s presidency was to grant freedom to the transgender students and enact social change. One constitutional issue that arose from this bill was the issue of the 10th Amendment. Due to Obama’s action, one could argue that the issue of checks and balances comes into play. The attorney general from TX argued that Obama bypassed Congress so that he could change the laws in order to enact “radical social change” (CNN news article). The transgender use of public bathrooms issue also comes into account on a federal vs. state level. In particular, in NC, there was a bathroom controversy over the safety of the people and who is at risk. In order to address this issue, NC Governor Pat McCroy made HB2 into a law, limiting the civil rights protection for the LGBTQ people and preventing governments from extending rights beyond the state (npr.org). Therefore, there is also a debate as to whether the issue should be based on federal or state