SEPARATE BUT EQUAL ACCESS CONSTITUTIONAL AMENDMENT
CAVEAT requires a Catastrophist to consider assumptions, values and expectations in a cataclysm. When considering social media, gender agenda, grievance culture, equity arguments, perceived inequality, and a host of other social issues, ask the question about how much of it would be relevant in a catastrophic setting. In a catastrophe, there is no social media to spread gossip, no media coverage where the aggrieved have a moment in front of a camera, and no courts to make the threat of litigation real. There will be no social media, no mass media, and no courts. In a catastrophe it is safe to assume they were destroyed. Rather, society will settle in the majority norms and the social agenda will evaporate. Just how important are the social issues which consume us today, when there is no certainty about the next meal and no shelter to go home to? So what are the default social norms that will in essence become the law of the land in a catastrophe?
Start with the implicit state of society for the last two hundred years. What have been the traditional ways of things before the current grievance culture dominated the national discourse? That will be the norm again, without the public forums offered by the social media, mass media and the courts. It will be women and children first. No concerns about gluton. No jogging or going to the gym. Women will have their own privacy back with separate but equal restrooms.
Separate But Equal has a nasty history to it in race relations. But there is a large body of law developed between 1865 and 1965 which justifies the legal doctrine as Constitutional. There is no place for it in race relations. But for gender relations, it may be the starting point for curtailing the craziness unleashed upon America. Especially for restrooms.
The government should be more than empowered to distinguish between the genders, especially in times of crisis. To help the Supreme Court Justices distinguish the genders, which some of them apparently cannot do, please consider a Constitutional Amendment. A male is anyone who has the physical capability to transmit genetic material or information by natural or artificial means. A female is able to generate eggs. If an individual fits neither category, the Tenth Amendment says the question is reserved to the states, and then to the people. Such a rule would avoid such travesties as, “NJ inmates at women’s only prison pregnant after sex with ‘another incarcerated person’ There are 27 trans inmates currently housed at the facility,” by Emma Colton, April 14, 2022, www.foxnews.com.
Another area requiring new law is for women in the military. The government must be empowered, and directed by the Constitution to allow differential treatment. There is no place for women on the battlefield, but plenty of value for them in other roles, like intelligence, drone operations, and logistical support. In military operations there is a distinction between Tooth and Tail. Tooth is combat and Tail is logistical support. In World War II we used women to fill in at factories, like Rosie the Riveter. In the military, the ratio of personnel needs is one Tooth and three behind-the-lines Tails. Keep women out of the front lines and let them fill the Tail functions. The idea of women Marines is as ridiculous as a “woke” Marine or as oxymoronic as a Jewish Nazi. We send men into combat to kill people, not to be in touch with their feelings. I tremble for America’s future in a catastrophe when we try to conduct social awareness programs which can only have the effect of weakening our military response.
Care must be taken in drafting such an amendment because it should address such things as equal access does not mean equal money spent for female athletics in college. There should be something that allows boy scouts separate from girl scouts. Classes on different, gender-specific classes should be allowed. Religious differentiation of the genders should be allowed and protected, without the government action deemed to be the establishment of religion. This blog is to solicit ideas on this topic which is fraught with highly-contentious topics. Proposed constitutional language is encouraged.