Biological Female Insists On Going Into School’s Boys Bathroom: Its Foundations of Freedom Thursday, a special day of the week where we get to answer questions from you, the listeners! Always answering your questions from constitutional principles! Tune in today as we answer your most pressing questions!

Air Date: 07/25/2019

On-air Personalities: David Barton, Rick Green, and Tim Barton


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Transcription note:  As a courtesy for our listeners’ enjoyment, we are providing a transcription of this podcast. Transcription will be released shortly. However, as this is transcribed from a live talk show, words and sentence structure were not altered to fit grammatical, written norms in order to preserve the integrity of the actual dialogue between the speakers. Additionally, names may be misspelled or we might use an asterisk to indicate a missing word because of the difficulty in understanding the speaker at times. We apologize in advance.

Liberties and Freedom Are Worth Defending

Samuel Adams said, “€œThe liberties of our Country and the freedom of our civil Constitution are worth defending against hazards. And,, it is our duty to defend them against all attacks.”€

Faith And, The Culture


Welcome to the intersection of faith and the culture. This is WallBuilders Live! Where we”€™re talking about today”€™s hottest topics on policy, faith, and the culture, from a Biblical, historical, and constitutional perspective.

We’re here with David Barton, America’s premier historian and the founder of WallBuilders. Also, Tim Barton, national speaker, pastor, and President of WallBuilders. And, my name is Rick Green; I’m a former Texas state legislator, national speaker, and author.

We are thrilled to be bringing you this Foundations of Freedom Thursday program where you get to drive the conversation with your questions. Now, fellows, before we get into questions, we”€™ve got some comments actually. I know normally on Foundations of Freedom Thursday, we’re taking questions from the audience.

But, once in a while, somebody sends in what is really a comment, not a question. And, it really still fits with the program; so, I thought we”€™d include this one from Nathan. Here’s what he said; it’s about the Equality Act and how it leaves our daughters vulnerable in schools.

The “€œEquality Act”€

He says, “€œDavid, Tim, Rick, thank you for standing up for righteousness. You’ve been salt and light to a nation that needs it now as much as ever. Regarding the transgender bathroom issue, the conservative narrative is often phrased in such a way that males, even boys, are portrayed as the antagonist.

“€œAs a matter of fact, there are cases where it was a boy whose privacy was violated. Unfortunately, such cases too often pass under the radar. Here’s just one example of such a case from the Pacific Justice Institute; that’s our friend Brad Dacus out in California.

On May 21st, PJI (Pacific Justice Institute) sued the Sutherland School District, its superintendent, and Sutherland high school principal in the Oregon Circuit Court for Douglas County on behalf of a sophomore at the high school. For his protection, he was identified by initials only in a lawsuit exclusively. In January, a girl who self identifies as a transgender boy, entered a boy’s bathroom while the young man was relieving himself

at the urinal.

Girls Matter, So Do Boys

“€œThe transgendered student entered the boy’s restroom, even though Sutherland High has made single-stalled restrooms available to her and the nearest girl’s restroom was completely empty. When Southern High’s assistant principal asked her why she used the boys restroom, she responded simply, “€˜Because I can.”€™ I believe all students should have the right to privacy, and I hope you will agree girls matter and so do boys.”€

Guys, interesting comment there. I hadn’t thought about those kind of cases going the other way; but, it makes sense. I mean, this was a girl claiming to be a boy and quote unquote “€œtransitioning”€ into a boy.

But, as a girl went into the boys restroom–and, certainly if a young man is trying to be honorable, he doesn’t want girls coming into the bathroom when he’s going to the restroom, and that’s exactly what happened here. So, thankfully Brad Dacus of Pacific Justice has taken up that case.


Yeah, it’s silly that we are at a place in culture that we have to even have these conversations where people imagine that no, only girls can be impacted, affected, assaulted by boys and boys can’t be, or to imagine that everybody is going to be honorable in these situations, right? And, “€œhonorable”€ even becomes very relative

because somebody choosing to identify as somebody else used to be something that might even be in a conversation of what is or is not honorable. A few years ago, it used to be that people that thought they were something they weren’t, there was a mental disorder associated to that; but now, we’re just at such a different place.

Does Truth Exist in Culture Anymore?

And, one of the things that it constantly reminds me of is how we are battling to even identify that truth exists in culture anymore. And, when we come to the place where the vast majority of Americans and young people do not believe that absolute truth exists, well then, it’s no surprise that we no longer are able to define “€œright”€ and “€œwrong,”€ no longer know who we are or what purpose or plan there is that we can follow, pursue, and things we can do. It’s a reflection of where culture is.

But, this is why, even for us individually–I know us; we are Christians, and probably many of our listeners are people that profess faith on some level, and probably many Christians. What’s interesting is when Jesus says in John 14:6, He’s “€œthe Way, Truth, and the Life; no one comes to the Father except”€ through Him, he”€™s making this claim that He is Truth. We know in John 8:32 that truth is what sets people free.

Truth is a foundation of the Gospel message. And, if we can’t defend truth, then the Gospel message becomes insignificant in culture because it’s just what you think or what you feel, not what is actually true because truth doesn’t really exist. We have to start defending truth because if truth no longer exists, the Gospel message will no longer be relevant or reach people and we will continue to see problems impacting culture, like when you have someone who is a biological gender, a biological male or biological female but they feel different.

Well, “€œWhy are you in the bathroom?”€ “€œBecause I can.”€ Well, if there is no truth, then there can be no rights and wrongs; therefore, people can do whatever they want.

This is why, as culture, we have to defend what is true and are grateful for different law firms that are out there doing so much of this work. As we’ve mentioned, Brad many of our other friends who are doing this work as well. But, this is ultimately where it comes down to this: we have to start defending what is true; otherwise, this is just the tip of the iceberg of where these problems can go.

Stages of Thinking


And, to reference something that Tim has mentioned earlier in various programs, is that stage 1, stage 2 type of thinking. Stage one thinking is: you only see where you are now and don’t think about what that means down the road. So, let’s let’s take some stage 2 thinking on this and if Because I can becomes the standard for what we do and behavior.

So, what does that mean for a nation 30 years now when we’re doing stage one thinking and Because I can is the new standard of what is allowable or not in a culture?


And, this is also where you have a problem because if we say, “€œJust you do what you think or what you feel,”€ well then, what happens in case of rape or murder? And, the argument people would say is, “€œWell, but you only should do what you want as long as it doesn’t cause harm to somebody else.”€ And, here’s where again, you have problems.

Defining “€œHarm”€

How do we define “€œharm”€? Because, for this biological girl who’s transgender, saying she’s a guy, if she goes into a bathroom {she can say}, “€œI didn’t do him any harm.”€ Well, who determines harm?

Because if there was mental and emotional conflict in that young man, he thought that was harmful. How do we define “€œharm”€? And, this is, again, where you have a problem in culture because, if there is no standard or truth, there can be no rights and wrongs.

And, this very much is a stage one kind of thinking. Also, when you look at history, the history of all of the nations of the world, no nation who was at the top of the world ever remained at the top power in the world. Every nation had their fall.

We Must Engage in the Battle

And, a lot of times the fall revolved around stage one thinking, or revolved around hedonism, sexual–what we would consider–misconduct, embracing things that are not going to work culturally. But, it’s kind of what the Bible mentions in the book of Judges where “€œeverybody does what is right in their own eyes.”€ And, this is where the challenge is in America.

Now, I’m not saying this as a pessimist. One of the things–we have a good friend who says that as a Christian, he is an eternal optimist because he knows of God and Jesus Who are always on the throne. We embrace that ideology and are optimistic because we know there is a bigger God. But, we have to recognize there is a battle in culture and what we need to do to engage in that battle.

Again, we are so grateful for these attorneys who are fighting for these cases. But to me, it’s, again, a reflection and revelation of why we have to guard, defend, and promote what is true and also help culture know that truth does exist. Otherwise, it’s just a faster run down this hill into no longer being a successful nation.


All right, quick break, guys as we now get to the questions from our audience. We”€™ve got several of those to try to get to today. So, we’ll be headed to those in just a moment.

Stay with us. You”€™re listening to WallBuilders Live! It”€™s Foundations of Freedom Thursday.

President Thomas Jefferson said, “€œI know no safe depository of the ultimate powers of the society, but the people themselves. And, if we think them not enlightened enough to exercise their control with a wholesome discretion the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.”€

Patriot Academy

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This is a generational Challenge.  And, we must have a generational solution.  God is raising up a generation of young leaders with a passion for impacting the world around them. They’re crying out for the mentorship and leadership training they need. And, we need to equip them for the purpose God has laid on their hearts.

Patriot Academy was created to meet that need. You, the listeners of Wallbuilders Live, have supported Patriot Academy over the years.  You have sent your children and grandchildren to the program and the results have been remarkable.

The Future Leaders

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Patriot Academy is now expanding across the nation and now is your chance to experience this life changing week that trains champions to change the world. Visit for dates and locations. Our core program is still for young leaders 16 to 25 years old, but we also now have a citizen track for adults. So, visit the website today to learn more. Help us fill the void of leadership in America. Join us in training champions to change the world at

Abraham Lincoln said, “€œWe the people are the rightful masters of both Congress and the courts. Not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.”€

Send In Your Questions


We’re back on WallBuilders Live! Thanks for staying with us on this Foundations of Freedom Thursday. We”€™re taking your questions.

So, if you’ve got one today, just send that email to [email protected]. It could be about the Founding Fathers, the Constitution, history of the country, biblical application of these principles; you name it.

Send it into radio at [email protected].

The next question for Dave and Tim comes from Vito. He says, “€œMy knowledge of the law is what I was involved in serving 32 years in law enforcement. I took civics in high school in the mid 50s and have read the Constitution and Bill of Rights numerous times.

“€œI watch Jay Sekulow; and, whenever they mention something, I search it out for myself. If Roe v. Wade could be overturned, is it possible for Everson to be overturned? And, if so, how would that come about?

Thank you very much. By the way, I signed up for your emails.”€

Actually, Vito, I”€™m glad you mentioned that. All the folks out there listening, get on our email list because you’ll get updates. We don’t fill your box; it”€™s like once or twice a week at the most.

But, you get a notice of what’s coming up on the radio program the next week. Or, when something big is happening across the country, WallBuilders will give you a heads up on that happening. So, you can do that at today or at

Overturning Everson

David, Tim, he’s asking about Everson. So, here’s one of our cases that started removing religion from our culture and from our schools specifically. So, maybe we ought to give a little history on that first. Then, can it be overturned the same way that Roe v. Wade can be overturned?


Yes, and Roe v. Wade is something we talked about a few weeks ago where we’re looking forward and saying, “€œBased on what Kelly Shackelford did in winning the Bladensburg case, it looks like the hostility against religious liberty is being rolled back to where religious liberty will prevail once again.”€ We’re also seeing signs from the court that we think in the next three to five years, Roe v. Wade may become a thing of the past. That doesn’t mean abortion will.

If they hand it back to the states, you’re going to have New York and other states doing what they’re doing now, saying, “€œHey, we’re always going to have abortion all the way through birth, even after birth. If you didn’t want it that that baby to be born and it was, you can go ahead and kill it, infanticide.”€

Reinterpreting “€œSeparation of Church and State”€

So, it doesn’t mean abortion ends. But, it does mean the courts are out of the way, and we can start having a political fight on it, which is where this should have been. So, with Everson, the reason we point Everson is that is the first place where the court started reinterpreting the meaning of Separation of Church and State.

Historically, that was a very clear meaning. It simply meant the government can’t stop religious activities, and the government can’t establish a national denomination outside of that. “€œDo what you want to with religion,”€ really simple.

That was based on Thomas Jefferson’s “€œseparation of Church and State”€ letter from January the 1st of 1802, in which Jefferson, in 233 words and three paragraphs, explained that “€œseparation Church of State”€ means the government won’t stop a religious activity. Well, when the courts used Jefferson’s full letter after that and cited his full letter, they always ruled in favor of religious expressions.

Everson vs. Board of Education

But, that changed in 1947 in Everson vs. Board of Education when Justice Hugo Black wrote the decision of the court. And, in that decision, he cited only eight words from Jefferson’s letter. He cited the phrase “€œa wall of separation between Church and State, ” but did not give the context of that letter or the rest of the content.

Justice Black just said, “€œBased on a “€˜wall of separation between Church and State,”€™ we must keep that wall high and impregnable.”€ In other words, “€œAll this religious stuff we’ve been doing for two-and-a-half centuries has got to come to a stop.”€ And so, they made that announcement in 1947 that, “€œWe’re going to take a different view of “€˜Separation of Church and State,”€™ reinterpreting it on our own.”€

And, the next year 1948, in a case called “€œMcCollum,”€ then in “€˜”€™52 and all these other cases that came after they started saying, “€œHey we’ve got a new view of separation. Now you can’t do these activities.”€ And so, they started stepping on religious activities that for two centuries had been constitutional.

So, it is on the basis of Everson that all these religion-hostile decisions have been made since the “€™40s. And, they will all cite back to ever Everson or cite some case that cites Everson. They no longer go back to the original cases or the cases that actually used Jefferson’s letter in its entirety.

The Answer is Yes.

So, the question is If you can overturn Roe v. Wade which was the basis of the really bad decisions against protection of life, can you also overturn Everson? And, the answer is “€œyes.”€ And, the question is How do you do that?

You do that simply by having a court decision that comes along later and says, “€œWe made a mistake in Roe v. Wade. We should never been involved with that because it is not an issue the Constitution gives us. The court should have stayed out.”€

So, they will reverse Roe v. Wade by making a new decision saying, “€œWe’re not doing that anymore.”€ In the same way, they’ll do that with Everson, saying, “€œThe Everson standard did not reflect what’s historical constitutional; so, let”€™s go back to the earlier standard.”€

Now, here’s what I dislike about all of this. I’m really glad the Supreme Court is trying to move in the right direction. But, the Supreme Court should never be making our policy in the first place.

The Supreme Court Should Not be Making Our Policy


I was thinking the same thing. David, I’m glad you brought this up here.


I mean, it”€™s thrilling that they’re getting themselves out of the way; but, the problem is caused because they got themselves in the way. They took authority in a jurisdiction that was not their jurisdiction, not theirs to take authority in. So, they really, if you want to use the word bluntly, they stole authority they didn’t have and power that was not given to them.

They’ve exercised it for the last 50, 60, 70 years. Now, they’re saying, “€œOh, we”€™ll give it back to you now that we’ve abused it for 70 years.”€ But, I’m thrilled they’re giving it back.

Still, we would never have had this issue if we’d always been using the Constitution and having the president and the Congress make the public policy rulings rather than the courts. But, the good news is we think this will be turned back.


Yeah. If we’d followed Hamilton’s advice and in the Federalist Papers, then we wouldn’t have to worry about our liberty being abridged from the court if they never got involved in the other two branches, including not getting involved in Congress and actually making law, we would have never had to be so excited that they’re giving us back our freedom by repealing and overturning these bad decisions.

We”€™ve got a lot more questions coming at us, guys. We’ll take a quick break and grab another one of those after the break. Folks, you’re listening to Foundations of Freedom Thursday here on WallBuilders Live!

Be At All Times Armed

Thomas Jefferson said, “€œThe constitutions of most of our states, and of the United States, assert that all power is inherent in the people that they may exercise it by themselves that it is their right and duty to be at all times armed. That they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press.”€

This Precarious Moment Book


This is David Barton. I want to let about a brand new book we have called This Precarious Moment: Six Urgent Steps That Will Save You, Your family, and Our Country. Jim Garlow and I have co-authored this book and we take six issues that are hot in the culture right now.

Issues that we’re dealing with, issues such as immigration, race relations, our relationship with Israel, the rising generation Millennials, and the absence of the church in the culture wars, and where American heritage is, our godly heritage. We look at all six of those issues right now that are under attack and we give you both Biblical and historical perspective on those issues that provide solutions on what each of us can do right now to make a difference.

These are all problems that are solvable if we’ll get involved. So, you can grab the book This Precarious Moment and find out what you can do to make a difference. This Precarious Moment is available at

Greatest Political Privilege

President Calvin Coolidge said, “€œThe more I study the Constitution, the more I realize that no other document devised by the hand of man has brought so much progress and happiness to humanity. To live under the American Constitution is the greatest political privilege that was ever accorded to the human race.


We’re back here on WallBuilders Live! Foundations of Freedom Thursday today. Send your questions into [email protected]; that’s The next question is from Joe on reparations.

Reparations Violate the Bible

He says, “€œDavid, Tim, and Rick, we hear a lot about reparations to Black Americans for slavery based, I believe, on the “€˜40 acres and a mule.”€™ Could you please give some insight and history on that. Also, how could that possibly be done since not every black person had ancestors who were slaves, and not every white person had ancestors who were slave owners?”€

So, that”€™s a good question. Guys, even if you were for the idea of reparations for something that happened a 100 years ago or 200 years ago, how do you decide who pays and who receives?


Well, there’s a lot of questions that go there. Of course, reparations is something that Congress had hearings on just a couple weeks ago; or, at least the House had hearings on. The Senate did not.

But, in that, I say the first place I start is in the Bible which says, “€œYou do not hold the children accountable for the sins of the fathers.”€ So, reparation from its start is saying, “€œHey, you are now five, seven generations down from your fathers; but, we’re holding you accountable to pay for what your fathers did.”€ First off, that violates biblical precepts and principles.

Who Pays for Reparations?

The second question is Who pays reparations and makes that decision? When you go to black historians like Carter Woodson, he points out that at the time of the Civil War, 1860 when it began, that 43 percent of free Blacks in South Carolina owned black slaves, as did 40 percent in Louisiana, etc., right on down the list. So, are you going to hold black slave owners accountable?

I talked to a guy this past week during a historical tour. He was from South Carolina and talked about the fact that he had a black neighbor who was going back to do her research and genealogy to find where she had been a slave and where her family came from. She found out that her family was a black, plantation slave owner of two plantations.

Her family, black family, owned two plantations of black slaves. Or, do we go back to Anthony Johnson, the first guy to start lifetime slavery in America, who is a black man who went to court to get the right to own other black men? Or, do we not look at all the white slaves, or as the question asked, how about those who didn’t own slaves?

We know at the time of the Civil War, 92 percent of whites did not own slaves. So, are you going to hold them accountable if they did not own slaves? I mean, this is a really problematic question.

What About Native Americans Owning Slaves?


Well, you can even add to it something like Native Americans because in 1860, there was a census done. And, when looking at the five largest tribes on the reservations, one out of every eight of those individuals was a black slave. So then, do Native Americans owe reparations to the blacks?

Or, by the way, Native Americans also enslaved lots of other Native American tribes. So, do they owe reparations to each other? This is where you get very confused very quickly because the history of humanity was a history of conquering and enslaving.

And, that was not just Anglos in America. Right? This was all over the world.


Well, let me throw another group in, Tim, because we know that the 1860s, 70s, 80s, 90s, after we abolished, particularly, African-American slavery; Chinese slavery became really popular. And, it took Congress into the 1890s to get Chinese slavery abolished in America. So, are we going to have reparations for that group?


Well, and this is where America has been so interesting as a land of opportunity because you do have many people who whose families came from abject poverty or maybe their ancestors were in slavery. But, when you have opportunity due to freedom, when you have the ability, skills, and work ethic, you can accomplish and achieve great things because you are not limited and held to what you used to be.

Only 92 Percent of Whites Owned Slaves…

But, the argument is: everybody was not successful; or maybe who is of one skin color; or everybody who lives in a certain category, land mass, or demographic; well, they are only where they are because they are victims, were held back or abused. And, people that are successful are only successful because of their ancestors becoming successful on the backs of slaves.

But, as you mentioned, at the time the Civil War, 92 percent of whites didn’t own slaves. So, if that statistic was true carrying forward, 92 percent of whites in America did not get their wealth on the back of slaves since they didn’t own slaves. Anyway, understand there’s a lot of arguments we can have; but, this is the problem with reparations.

And, it’s even interesting in American history, there was a time when there were reparations.

The Japanese

At the end of World War 2, at the end of the Japanese internment, there actually were reparations given to Japanese who had been enslaved in America–“€œenslaved”€ being relative–who were put in prison in these camps in America because when the attack on Pearl Harbor happened and we didn”€™t know who was responsible, at least in America who was colluding with the enemy in that regard. So, we know Japan is and that there are many Japanese Americans. And, what are we going to do?

And, FDR was in a very tough position. Ellis Island was closed down, and the immigration system had been closed down. Plus, many of the men were now going to war.

And, he had very limited resources to try to figure out Who are the good guys and the bad guys? We just didn’t know. He said, “€œJust take all Japanese and put them in these camps.”€

Well, we can look and go, “€œThat was terrible.”€ Well, at the end of World War 2, when the Japanese were released, they received reparations realizing That wasn’t very good. And, they were giving money based on how long they had been there, based on jobs they maybe had lost.

It made sense that the individuals who were oppressed might receive something as the individuals who were oppressed. But now, we’re talking about so many generations past oppression where there’s been freedom and opportunity, that you don’t have to remain in that same position. And again, this is why this is a very weird and tough question because it doesn’t make a lot of logical sense.

Don’t Hold Children Responsible for Something Their Ancestors Did. 

Or, as Dad, you mentioned even in a biblical sense, you don’t hold children responsible for something their ancestors did, their great-great-great whatevers did, if they’re even the ones that did it, because the vast majority of whites in America did not own slaves. Again, part of this idea, this notion we have, that all of one people are good, bad, victims, or oppressors, is just not accurate historically.


You know, guys, last week we started taking a question from our conversation during Foundations of Freedom Thursday and having our listeners go out and ask that question of their friends and family. Even on Facebook,they can kind of poll people to see what they know about these historical questions, then go to our website at where we’ve got some kind of a quiz as well as some additional data there about that particular question.

Foundations of Freedom Survey

So, I was sitting here thinking about our questions and conversation today. And, Tim, that’s a number I did not know. I”€™ve never heard that number and would think most people don”€™t know; so, that might be a fun one for us to have our listeners ask: How many whites at the time of the Civil War owned slaves?

I mean, eight percent; that really surprised me based on how we teach history today. Hey, that may be a fun one, folks. Go ask that question.

I mean, ask it of your friends and family. Put it on Facebook. Say, “€œHey, Do you know, at the time of the Civil War, how many whites or what percentage of whites in America owned slaves?”€ It might make for some interesting conversations there.


And, I”€™ll add, Rick, that if you say that to your friends, you”€™ll get, “€œNo way! Where’d you get that?”€ Well, it came from the U.S. government’s census data in 1860 at the time of the Civil War.

So, if you get challenged on it, that’s the source: the census data from the U.S. government itself. But nonetheless, it’s a great question to ask.


And, we’ll have some more questions for you there on our website; so, be sure and visit today. We’ve certainly enjoyed having you with us on the program today and appreciate you sending in questions as well. Make sure you send some more of those to [email protected] if you got some you would like to have answered on our Foundations of Freedom Thursday’s programs.

Of course, we have great interviews throughout the week as well. And then, our Good News Friday programs. All of those are available for you at our website

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We thank you for listening and for sharing the program with others. Part of this effort to preserve American exceptionalism, really to restore our Constitutional Republic,

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Help Educate So Biological Females Can’t Insists On Going Into Boys’ Bathrooms

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Questions of Power

Thomas Jefferson said, “€œIn questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”€