- The Washington Times - Wednesday, June 19, 2013

Forget tolerance. What many on the left are after is imposing their views on just about everything on just about everyone, with judges serving as willing accomplices. Maine’s Supreme Judicial Court last week took up the case of whether an elementary school in Orono, Maine, discriminated against a boy who calls himself a girl by requiring him to use a unisex staff restroom instead of the girls’ restroom.

Wyatt Maines, who now calls himself Nicole, is a 15-year-old preparing to undergo physical sex-change surgery. A few years ago when he was in the fifth grade, he was allowed to use the girls’ facilities, but as boys will be boys and girls will be girls, there was a lot of teasing. Real girls and their parents reacted with the outrage that anyone not blinded by political correctness would have expected. The school came up with the reasonable solution of allowing Wyatt/Nicole to use the staff restroom to avoid, so it thought, offending anyone.

That, naturally, wasn’t enough. A lawsuit was filed under the Maine Human Rights Act, which forbids discrimination in public accommodations based on sexual orientation, including “gender identity” or “gender expression.” Activists assert it is their “right” to use the restroom that aligns with personal preference, regardless of what anyone else thinks or who it offends. Sixteen states and the District have similar laws, according to something called the Transgender Law & Policy Institute.

The rights of the majority — in this case, for real girls not to have real boys use their toilet facilities — are subordinated to a vanishingly small minority, albeit one with political clout way out of proportion to its numbers. School restrooms are just the start, with locker rooms and showers after phys-ed next on an agenda that’s all about breaking down the real and traditional differences between the sexes.


It’s worth noting that Wyatt/Nicole has a twin brother, Jonas, who from all indications doesn’t share his sex-identity (or restroom) confusion. That’s often left out of news accounts. The push for radical benefits loses steam if it’s just a choice.

The Maines have since left the school district where their case originated, but are pursuing the lawsuit, anyway, which seeks damages from the school. The Maine Human Rights Commission agreed they had a discrimination case. Penobscot County Superior Court Judge William Anderson didn’t think so and ruled against the Maines in November on the grounds that the school district had “acted within the bounds of its authority” and had not been “deliberately indifferent” to the harassment of Wyatt/Nicole.

Judge Anderson got it right. We hope Maine’s highest court will, too.

The Washington Times