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Obama administration issues sweeping transgender decree: What now?

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May 13, 2016

Today, The Obama administration is sending a letter to every public school district in the United States instructing them, by decree, that students who self-identify as a member of the opposite sex ought to have unrestrained access to restrooms (and locker rooms) that align with their gender identity. The decree also has implications for other sex-differentiated activities such as sports.

While the decree does not have the force of law behind it, the implications are very clear: Conform to newfound government transgender policy, or risk lawsuits and federal funding.

I wrote previously on April 29 about how America was being primed for the inevitability of the moment we’re now in. Who would have thought, then, that less than fifteen days later my article would be out-of-date? But it is. In that article, I mentioned then how the federal government’s involvement in public education, mostly through funding, is going to slowly transform public education in accordance with the values of the Sexual Revolution given the current trajectory. And so here we are. It shouldn’t be surprising that the Obama administration has issued this ruling, but the pace and aggressiveness at which is was issued is nothing short of stunning. The government is implementing a systematic top-down push to mainstream transgender ideology by circumventing democracy.

How might we consider what has happened?

Let us be clear in calling this what it is: A lawless power-grab. Without congressional authority, President Obama is taking a deceptive approach to policy-making by bypassing congress. Relying on lawless reinterpretations of Title IX, the Obama administration, along with its Education and Justice Departments, is bringing the transgender revolution to every school in the United States without regard to local values or parental authority. If your child is in public school, there is now no way to insulate yourselves or your children from this ideology.

The nature of this action is problematic for its overt affront to representative democracy. When decrees are issued without consent, not only do citizens lose, but the system of government we were designed to have loses, too. When elected officials take it upon themselves to make law, rather than pass law, it breeds an indifference among citizens—a sense of powerlessness, disenfranchisement, and the discomfort from seeing power denied and the system rigged from elites colluding with bureaucrats. Citizens find themselves asking, “How are we to respond if the President just makes laws as he sees them?” Sadly, this sentiment has justification. Such actions will only result in further entrenchment and cynicism. This is yet additional proof that schools and parents are governed by a cultural elite that views any wave of dissent as unacceptable. What a pitiable state our politics is in. Let us also reject the media stereotype that it is evangelicals or conservatives that are the catalysts of the culture war. This administration has been avid culture warriors from the start.

What must happen now?

First, schools should refuse to comply with the federal government’s overreach. This decree isn’t a law, and the threat of penalty doesn’t ensure a penalty. Brave districts, superintendents, and principals should refuse to implement these new set of policies.

Second, citizens should contact their elected representatives to register their dissatisfaction. In the face of such egregious overreach, it is advisable that the House of Representatives and Senate file a lawsuit against the Obama administration on the grounds that its lacks the authority to decree such sweeping, radical policies.

Third, citizens need to take their frustration to the ballot box. Whatever that may mean in the coming election, it remains incumbent upon citizens to elect officials that enact commonsense policy based on biblical values that uphold the distinction between men and women. Privacy and safety are stake, not political correctness.

Fourth, state legislatures should pass laws that counteract this decree. These laws should regulate restroom usage on biological sex and not amorphously-defined “gender identity.” Governors should tell their education officials not to implement these policies, either. In a word, state governments should just say no. This will require an act of courage and a determination to stare down the critics. So be it.

Fifth, we should see that actions like this invite God’s judgment on our land—as any rejection of Christ’s Lordship does. Attempting to live beyond our nature denies God’s sovereignty and, in the long, can’t live up to its promises of emancipation and self-will. God made men and women complementary and when these truths of our nature are exchanged, rejected, or blurred, a sort of anti-creation is occurring. Romans teaches us that disavowing creation is its own form of judgment. A nation cannot suppress the creational laws of God and expect to prosper in the long-term.

Sixth, Christians should take stock of the cultural moment. With parents busy being employees, spouses, and parents, it is easy to overlook the ways that children are being morally instructed and habituated in local schools. Parents should take active roles in discovering what their children are learning and combatting errors where necessary. Christian parents will also need to pay closer attention to ways in which government works to enforce moral norms. Christian parents: Catechize your children or the public school will do it for you.

Seventh, Christian parents need to evaluate what this means for them and their children. They need to establish a tipping point. This may be the most important response to consider. What actions taken by your local school will be sufficient for you to re-evaluate public education? Is having a teacher reprimand your child for his or her belief about marriage, sex, and gender acceptable? Will you allow them to be in schools where bathroom policies are based on gender identity rather than biological sex? Are you uncomfortable with a biological male having access to the restroom and locker room that your daughter uses? Not establishing a tipping point could leave your child over-exposed to environments they shouldn’t be in. Not thinking about a tipping point is irresponsible and will communicate carelessness about a child’s education and Christian formation. It is advisable that spouses have a candid conversation and establish a line in the sand.

Above all, let us remember that this debate isn’t about transgender men or women using the restroom of their choice. Instead, the restroom wars are merely a proxy debate for a larger conflict about what it means to be male and female. As Christians, we’re told God created us in His image. God made men and women as equal, but distinct. These distinctions are beautiful, good and a testament to God’s wisdom in creation. Rewriting laws to conform to the spirit of the age cannot rewrite the laws of nature and nature’s God (Psalm 24:1).

At the very beginning of the Christian Scriptures, we’re presented with a story of creation. The pinnacle of creation is God’s creation of men and women. God didn’t make us automatons. He didn’t make us asexual monads. He made us gendered, embodied, and different. Those differences extend to all levels of our being—our emotional, physical, and psychological selves—and this is intentional and good. Unfortunately, Christians now find themselves on the other side of an administration determined to bring every last measure of the sexual revolution to fruition.

Andrew T. Walker

Andrew T. Walker is Associate Professor of Christian Ethics at The Southern Baptist Theological Seminary and a Fellow with The Ethics and Public Policy Center. Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24