State of South Dakota to Join State Attorneys General Challenge to Federal Bathroom and Locker Room Mandate

Marty2-105-Edit-2.jpgFOR IMMEDIATE RELEASE:      Tuesday, June 7, 2016
CONTACT:  Sara Rabern (605)773-3215

PIERRE, S.D.-   Attorney General Marty Jackley announced today that South Dakota will join other State Attorneys General in challenge to President Obama’s letter directive to school districts threatening both civil rights litigation and the withholding of educational funds to the States.

“As Attorney General it was and remains my hope that our country and state can find a solution to the transgender concerns without forcing children of the opposite sex into the same bathrooms and locker rooms. The President’s attempt to require children of opposite sex to share locker rooms and bathrooms under the threat of lawsuit and withholding of education funding is a one size fits all solution that goes beyond his constitutional authority.  It is my contention that federal law cannot direct local school districts on who can use locker rooms and bathrooms. These issues need to be handled as they have been for a long time- on the state and local level,” said Jackley.

In 1964, Congress enacted Title VII of the Civil Rights Act, making it illegal for employers to invidiously discriminate on the basis of race, color, religion, sex, or national origin. 42 U.S.C.§ 2000e-2. Eight years later, Congress passed Title IX of the Education Amendments of 1972. Title IX provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance…” 20 U.S.C. § 1681. Title IX regulations issued by the Department of Education likewise expressly allow recipients of federal funding to “provide separate toilet, locker room, and shower facilities on the basis of sex,” provided that the facilities provided for “students of one sex” are “comparable” to the facilities provided for “students of the other sex.” The term “gender identity: does not appear in the text or regulators of Title IX.

The U.S. Department of Justice (DOJ) and U.S. Department of Education (DOE) contend that Title IX’s prohibition on discrimination on the basis of “sex” extends to discrimination on the basis of “gender identity.” Jackley contends that the DOJ and DOE lack any authority to issue such direction. It is the duty of Congress to legislate and the duty of the Executive Branch, including DOJ and DOE, to administer and enforce the laws that Congress enacts. Through this joint letter, DOJ and DOE have unilaterally attempted to change the clear meaning of law passed by Congress and impose new obligations on covered entities.

A case was filed May 25, 2016 in the United States District Court for the Northern District of Texas. Several Attorneys General anticipate filing an additional challenge to the President’s authority to issue the letter.   This filing may be separate from the Texas case or filed in a different district court.

Sioux Falls City Council Update

Sioux_falls_sd_lg_reducedIf you have been paying any attention at all to FHA Action lately, you know that the “storm on our radar” has had to do with the Sioux Falls City Council and the agenda of some thereon to implement invasive and far-reaching policies regarding sexual orientation and gender identity.  We dodged a bullet (pardon the mixed metaphor) on HRO CH98, but only barely.  That extensive ordinance has been withdrawn but will likely return.  Now, we are tracking an amendment to another Sioux Falls City Ordinance that would include the same type of ‘gender identity’ protection in employment by the city.  This is an amendment to HRO Ch 39.

If you live, shop, worship, or do business in Sioux Falls, you have a voice on this issue.  Please contact the following City Council Members and Mayor Huether, urging them to OPPOSE the amendment to HRO Ch 39.  Be brief, respectful, and factual in your message.

Click here for up-to-date information on the amendment to HRO #39 provided by FHA Action, Liberty Counsel, Alliance Defending Freedom, and other faith based organizations.

Here are some immediate action steps for you.

  • We can all BE VIGILANT in PRAYER.
  • Attend the Council meeting on June 14. Mark your calendar. Be there.  This City Council meeting will take place at 7:00 p.m. at the Carnegie Town Hall, 235 West Tenth Street, Sioux Falls.
  • Contact the Mayor and the Council members – OPPOSE the amendment to HRO Chapter 39
  • Alert your friends.

2016 Legislative Scorecard Available Now!

2016 scorecard v1.4-1The 2016 legislative session was a hard one for faith, family, and freedom.  When it comes to the folks you sent to Pierre to represent your values, there were many who stood with FHA Action regardless of the cost.  To those brave souls, we extend our sincerest appreciation.  The big question is, was your legislative delegation to Pierre supportive of your values?

That’s a good question.  After crunching the numbers on this 91st Legislative Session, we thought it would be useful to you, to have in hand some real stats regarding the way your legislators voted on values.  We have prepared a concise scorecard that shows exactly that.  Use the link below to download the scorecard.  You are free to redistribute the document any way you desire.  We simply ask that you do not modify it in any way.

Click here to download your copy.

An Historic Day for Women and Life

dale_no_tie3Dietrich Bonhoeffer once rightly wrote: “Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to act is to act.”

On Thursday, December 3, the US Senate ACTED as they voted on and PASSED H.R. 3762. Among them were SD Senator John Thune and SD Senator Mike Rounds. The FHA and her friends do vigorously thank our South Dakota Senators for standing for Women’s Health Care and Life!

On November 25, 2015, Family Heritage Alliance Action joined a coalition of National Pro-Life Organizations who sent a letter to our US Senate Leadership. The letter opens with this statement: “We, the undersigned representing millions of Americans, are writing to express our unflagging support for H.R. 3762, the Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015.

To be clear, the US Senate’s vote on December 3 was not just a show vote….it was a huge deal because it forces President Obama to bear the moral responsibility for funding Planned Parenthood…and it also for the first time sets the Senate precedent under reconciliation rules for how to defund 80% of Planned Parenthood, and gut key Obamacare provisions, with 51 votes.

Within this piece of legislation was the Defunding Planned Parenthood Provision in the House budget reconciliation bill, which survived attempts to strip it during Senate amendment on Thursday. This was GREAT NEWS!

The US House will now vote on the Senate bill, and we expect it to pass with the solid support of US SD Representative Kristi Noem. We will keep you posted! This will be the first time a bill to defund Planned Parenthood goes to the President’s desk. That is a WIN for the pro-life movement.

Joseph E. La Rue, 
Legal Counsel for Alliance Defending Freedom (ADF) wisely wrote the following concerning the passage of H.R. 3762: “This bill not only defunds Planned Parenthood, but it redirects that Federal money to women’s health care organizations that provide far more services than Planned Parenthood does, and are more readily available then Planned Parenthood is.”

Friends, we have work to do for sure moving forward….but now there is a real shot in the future of accomplishing these goals.
Written By: Dale Bartscher

FHA Action Opposes Expansion of Gambling in R.C.

daletestifiesOn July 1, the Rapid City ‘Legal & Finance Committee’ met and dealt a STRONG blow against ‘AGENDA ITEM #15’ – an expansion of Video Lottery in our community. After hearing testimony on both sides of the issue Alderman Laurenti moved to TABLE this issue. Alderman Weifenbach immediately seconded that motion and ALL FIVE voted YES — thus defeating this issue for now! FHA Action’s Executive Director Dale Bartscher is pictured here giving testimony against the expansion of video lottery in Rapid City.

Slow Motion Coup

While at CPAC last week I and our friend (and Advisory Council member) Bob Fischer had the privilege to visit one-on-one with Gary Bauer. Gary is sort of the Jack Bauer (no relation) in the fight for the family. He was fighting for the family long before most folks even knew there was a fight. He served as Chief Domestic Policy Advisor to President Reagan from 1987-88 and served as President of Family Research Council from 1988 to 1999. Among his many accomplishments, Mr. Bauer can also list the fact that he was the first Stand Banquet Keynote for Family Heritage Alliance.

We had already heard most of the potential contenders for the Republican nomination, and Bob and I were attending a reception on justice reform when we bumped into Mr. Bauer. I was anxious to hear his observations. As we discussed the political landscape, Gary said something that caught me off guard. He said that for the last six years, we have been enduring a “sort of slow-motion coup”. He went on to state that (referring to the 2016 Presidential election) “we have to get this one right”. So many of the speakers who took to the main CPAC stage had, in one way or another, with some urgency, made similar statements. On Saturday morning, Mark Levin took to the stage and stated bluntly “we are losing our Republic.” He went on to invoke the Declaration of Independence in which the Continental Congress laid out their grievances against the King of England, quoting: “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world…” Levin continued by laying out a list of grievances against the current administration that he wanted presented “to a candid world”. Here is an abridged list:
Mr. Obama, you …

Have violated the separation of powers
Have seized unto yourself legislative power granted to congress alone
Have unilaterally appropriated monies to fund your radical agenda in violation of Congress’s power of the purse
Have contravened congress’s authority over immigration and naturalization
Defy the Senate’s confirmation power over your appointments requiring intervention by the Supreme Court to stop you
Have poisoned the independence of the Judiciary by appointing scores of radical activists to lifetime judicial appointments…to insure your unconstitutional actions are everlasting
Have repeatedly evaded the Senate’s role in the adoption of treaties…calling them “executive agreements”
Have shown nothing but contempt for the Bill of Rights including 1st 2nd 4th 9th and 10th amendments
Have shown nothing but contempt for private property and free market capitalism evidenced by among other things your nationalizing the internet, the banks, the student loan industry without any constitutional authority
Have nationalized and destroyed the greatest private health care system on the face of the earth…
Have recklessly destroyed the fiscal wellbeing of this nation with wild spending schemes driving up the federal operating debt to 18.5 trillion dollars…
You have undermined our friend Israel while you appeased our enemy in Iran
Friend, the hour is late. The republic is being replaced by the very form of government that our Founders fled Europe to escape. To our shame as a nation, we have humbly and quietly endured this “slow motion coup”. Someone once proposed that you can boil a frog to death by just gradually turning up the water temperature. I don’t know if that’s true. Nor do I have a clue why you would want to do that. However, I do know that the environment change that should have all Americans alarmed is the ever so gradual but steady turning up the temperature under the American Republic. I know at this point in the article, most organizations immediately insert an ask for money. I am not going to do that. What I am going to do is inform you that your kids and their kids are going to suffer enormous and long term consequences if we don’t put aside our petty little differences and unite to restore the precious Republic! Get involved! Donate your time, your money, your expertise, and your attention. At this point that last one just might be the most important. For God’s sake; for your kids and grandkids sake; for the Republic’s sake, pay attention!

Written By: John Dennis

 

SDHSAA Transgender Policy

dale_no_tie3Do you think that opening up the door for high school males to compete with and share the locker rooms with the female athletes is a bad idea? If you are one of the many here in South Dakota who answered yes to that question, we could sure use your help. As we have been reporting, a consortium of lawmakers, concerned citizens, and nonprofit organizations have come together to oppose a policy recently enacted by the South Dakota High School Activities Association (SDHSAA). This policy literally makes provisions for a male student to compete with and share the locker rooms of the female team of his selected sport. The male student would only have to present evidence that he is gender confused in order to be permitted to compete on the girl’s team. And, although we have used a male student as an example in our reporting on this, the policy would also allow female gender confused students to compete with and use the locker rooms of the male team of her selected sport.
We are seeking to get the policy changed to one that reflects the values of South Dakota.

Sincerely

Dale Bartscher
Executive Director
FHA Action / Family Heritage Alliance