Judge Nap: Transgender Bathroom Issue ‘Blown Out of Proportion’

May 9, 2016—Judge Andrew Napolitano, senior judicial analyst for Fox News, first gave an update on the Hillary Clinton email scandal Monday before moving on to the North Carolina bathroom saga, an issue of whether or not to allow private property owners the right to decide whether to cater to people who want transgender bathroom access.

“I smile, because as far as I know and in all of my legal studies in the past 45 years, there is no right to not be offended. Wow, if there were, what a crazy world this would be,” Judge Napolitano said, when asked what rights those against North Carolina’s bathroom law must be claiming.

“This has become a very complex situation, and there are strong arguments on both sides,” Judge Napolitano added. “It began in North Carolina when the city of Charlotte basically dictated to private property owners, restaurants and institutions like that, not the Charlotte city government, but private property owners, what kind of bathroom facilities they had to make available.”

“Then the North Carolina legislature, for whatever reason, enacted its legislation. The stated purpose is to invalidate the Charlotte legislation, so that private property owners could make their own choices, as to what kinds of bathrooms they want to make available.”

“Then the federal government jumped in and said this violates the principles of the Civil Rights Act. It doesn’t actually violate the Civil Rights Act, because for reasons of compromise and accommodation, the Civil Rights Act does not protect, the federal Civil Rights Act, does not protect sexual orientation or sexual appearance. It does protect other things like gender, age, race, etc.”

“So, the Justice Department, which has threatened the state of North Carolina, will have to file a lawsuit and will have to prove that there are federal statutes being violated by a state law that says to private property owners, you decide how you want to manage your own property.”

“I think this is way blown out of proportion on both sides,” Judge Napolitano concluded.

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