Ninth Circuit Court of Appeals to Decide Who Qualifies as a “Woman” Athlete in Idaho

Is a particular person was a "woman"? For most of my life, everyone I knew would say that the question is answered by considering what kind of genitals that person had. For many people, the answer to that question is no longer answered purely by biology. And to make the discussion all-the-more confusing, transgender activists insist that "intersex" conditions are relevant to this discussion while others consider intersex a red herring.

Lindsay Hecox v Bradley Little [Governor of Idaho] will weigh in on this issue.  This appeal is pending in the Ninth Circuit (and perhaps headed to the United States Supreme Court). The context is transgender sports competition involving students in Idaho. A new Idaho statute is the focus of this lawsuit. The following excerpt is a description of Idaho law taken from the appellate brief of Idaho (the Defendant):

The statute at issue is the Fairness in Women’s Sports Act, Idaho Code §§ 33-6201 through -6206. The Act excludes members of the male sex from participating in sports designated for athletes of the female sex due to males’ physiological advantages, consistent with settled Ninth Circuit law . . . . The Act also permits male and co-ed teams, both of which are open to members of either sex. See Idaho Code § 33-6203.

To ensure the Act’s protections for female athletes, the Act provides that if a dispute arises over a student’s sex and eligibility for female sports, the student may establish female sex in one of three ways: through a high school health examination and consent form signed by a health care provider, which all student-athletes must submit; through another written statement signed by the student’s health care provider; or through a sports physical examination, in which the health care provider relies on one of three specified criteria to determine sex. See Idaho Code § 33-6203(3). See also ER 417-19 (Idaho High School Activities Association Health Examination and Consent Form); IHSAA Rule 13 (requiring high school athletes to submit form). The Act does not provide any sex-verification procedures for male or co-ed sports, because they are open to all, regardless of sex. In support of the bill, the Idaho Legislature made a number of findings based on court decisions, scholarly publications, and scientific studies recognizing the physiological advantages members of the male sex have over their female counterparts. Idaho Code § 33-6202(8)-(11). The Legislature also described the Act’s purpose:

Having separate sex-specific teams furthers efforts to promote sex equality. Sex-specific teams accomplish this by providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that flow from success in athletic endeavors. Id. § 33-6202(12).

Plaintiffs describe the Idaho law at page 8ff of their brief.

A federal trial court granted an injunction, holding that the above law violates federal law. See the Idaho Brief at pp 6-7 and the Plaintiffs' brief, pp. 2-4 for more detail. This is a fascinating set of briefs for many reasons, one of them being that if you read both briefs, it is often hard to believe that they are describing the same lawsuit. That is because the crux of the case is whether one of the two plaintiffs, Lindsay Hecox, is more accurately described as male versus female. Consider Hecox's descriptions in the two briefs:

[From the Plaintiffs' Brief, p. 15: "Lindsay is a woman athlete living in Idaho who is transgender." Plaintiffs' brief includes a photo of Lindsay:

[From Defendant Idaho's Brief] "One plaintiff is Lindsay Hecox, who is transgender, and whose sex is male but whose gender identity is female."

Both sides agree that Lindsay is "transgender." As you can see, Plaintiffs claim she is "a woman" while Idaho states that the "sex is male."

I haven't yet read every word of every brief, but I have reviewed a lot of the filings.  In case anyone is interested in following along to see exactly what is being claimed as far as the "facts" or the law, you are welcome to click on the links below.  My focus is biology, but the Plaintiffs claim that biology does is not determinative.

Continue ReadingNinth Circuit Court of Appeals to Decide Who Qualifies as a “Woman” Athlete in Idaho

Bryan Garner Argues his Linguistic Case at the U.S. Supreme Court

Bryan Garner, renowned for his many books on legal writing, argued his first case at the United States Supreme Court. Here's an excerpt from the article: "Supreme Court Justices Appeared Dazzled by Legal Celebrity at Oral Arguments in Robocall Case Against Facebook":

In his authoritative baritone, which came through even in telephonic oral arguments, Garner walked the justices through his arguments on what statutory wording really meant and how it should be applied to Facebook’s wrongdoing. As Garner nimbly led the justices through a discussion of adverbial modifiers, “viperine” interpretation of statutes, and conjunctive versus disjunctive distinctions, the justices appeared content to assume the position as students in Garner’s classroom.

Continue ReadingBryan Garner Argues his Linguistic Case at the U.S. Supreme Court

British High Court Rules in Favor of Keira Bell: Restricts Use of Puberty Blockers and Cross-Sex Hormones

I applaud this recent decision by the British High Court, reported by The Guardian:

Children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs, the high court has ruled.

Even in cases involving teenagers under 18 doctors may need to consult the courts for authorisation for medical intervention, three senior judges have ruled in an action brought against the Tavistock and Portman NHS trust, which runs the UK’s main gender identity development service for children.

An NHS spokesperson welcomed the “clarity” the decision had brought, adding: “The Tavistock have immediately suspended new referrals for puberty blockers and cross-sex hormones for the under 16s, which in future will only be permitted where a court specifically authorises it. Dr Hilary Cass is conducting a wider review on the future of gender identity services.”

Now it's time to stop this mass child abuse on this side of the pond too, given that most girls move from "puberty blockers" to taking 10 to 40 times the natural female amount of testosterone, usually leading to infertility. How did it get to the point where the once-vocal anti-clitoridectomy crowd got so quiet when something comparable comes to our own communities? 12, 13, 14 and 15 year old girls have been allowed to make permanent "decisions" of this sort, without the need for any official medical diagnosis of gender dysphoria.

Instead of getting real diagnoses, they are cheer-led into drugs, hormones and surgery through social media, peer pressure and even Planned Parenthood (which supplies testosterone to many of these girls. All of this under the guise of "civil rights." The "decisions" of these girls to use "puberty blockers" are being made without the benefit of long-term studies as to dangers, physical and psychological. It's about time we got real adults into this conversation. There is a LOT of buyer's remorse out there, but it's being suppressed by left-leaning news media (you can find hundreds of cases on Reddit/detransition), It makes me wonder when the lawsuits will start flying over here. [More . . . ]

Continue ReadingBritish High Court Rules in Favor of Keira Bell: Restricts Use of Puberty Blockers and Cross-Sex Hormones

John McWorter Draws a Line in the Sand When Ibram X. Kendi Publicly Labels his Ideas “Racist.”

One of the things I find most disturbing about "anti-racists" is their demand that you must either agree to everything they say or else you are a "racist." Popular authors Ibram X. Kendi and Robin DiAngelo claim that if you are not an "anti-racist" you are a racist. There are only two options. Thus speak the anti-racists.  This false dilemma, this unjustified dichotomy, is just "because."

"Anti-racism" is not the opposite of racism, despite the misleading nomenclature. It is virulent new form of racism. To pull off this minor miracle of creativity, the "anti-racists" have invoked a new expansive definition of "racism" that has nothing to do with specific unfair attitudes or behavior of specific people. The "anti-racists" invoke a Manichean claim that it is OK to judge people as good and bad (respectively Blacks and whites) based on immutable physical appearance, just because. In doing this, they are dusting off that old disreputable idea that melanin should serve as a guilt barometer. This is something they have in common with racists of the Civil War and Jim Crow eras, although the new barometer is upside-down.

This "anti-racist" formula has worked all too well for the past several years. Well-meaning people who fervently disagree with this "anti-racist" claim, however, including the specific claim that "all white people are racist," are being held emotional hostage. They are afraid to speak up, to disagree in public places. It is truly bizarre to see so many people who disagree with these "anti-racist" claims who are afraid to speak up. I know this from numerous private conversations. It's starting to look like many religions, where the preachers preach at the flock and members of the flock merely nod their heads, even thought they know in every bone of their bodies that the Earth is not 6,000 years old, that virgins don't have babies and that (an example from my Catholic upbringing) eating the host is not literally eating bloody muscles and capillaries. Members of the flock sat in total silence when the NYT promoted claims that the American Revolution was primarily for the purpose of promoting slavery, a central claim of "The 1619 Project."

So this is where we are: the preachers are preaching and members of the flock keep sitting silently because they are afraid of going to "anti-racist" hell. For them, hell is what would happen is they were publicly called "racist."  Thus, members of the flock will sit in paralyzed silence, even when the anti-racists call all "white" people and their Black intellectual allies "racist" no matter how exemplary their lives have been. Isn't that weird? "White" people are already being called racists as a group merely by their skin color, yet they fear being called "racist" as individuals. And what drives this fear is, ironically, that they hate racism. This is stranger than any fiction any creative writer could concoct. These "anti-racist" threats of name-calling are successfully turning many people into Zombies (this reminds me of how many types of wasps sting and zombify other bugs to use as hatcheries). After getting stung by the threat of being called "racists," the fearful zombified flock is willing to sit in silence even when the "anti-racists" make patently false claims that no racial progress has occurred since 1619, since the Civil War or since the Civil Rights era.  They sit in silence while the "anti-racists" ridicule Martin Luther King's idea that we should not be judged by the color of our skin, but only by the content of character.

Once this creepy dynamic settled into place, anti-racists, such as Ibram X. Kendi and Robin DiAngelo, began getting free rides from individuals who knew better but who were afraid to speak out. More troublesome, the anti-racists' fact-free and oftentimes false diatribes also began getting luxury free rides from corporate HR departments, government agencies (and here) and many members of our sense-making institutions, including left-leaning legacy media. In addition to securing the silence of people who disagree under threat of being called names, the "anti-racists" employ another big weapon: the rage of Woke mobs who are willing to destroy the careers of anyone who dares to dissent (recent example).

Linguist John McWhorter has not been afraid to call out the anti-racists.  He has done this in many places, including his article in The Atlantic,  "The Dehumanizing Condescension of White Fragility: The popular book aims to combat racism but talks down to Black people." McWorther, a professor of linguistics, has taken a lot of flack from the far left for repeatedly calling out that the Emperor Has No Clothes.

McWhorter had more than his fill, however, when Ibram X. Kendi recently and publicly called McWhorter's ideas "racist."  Kendi has made dozens of claims that should be vigorously scrutinized by academics, book reviewers and the general public, but he has been surfing on the waves of fearful silence. That silence meant that the normally unflappable McWhorter had to fend for himself.  He decided it was time to push back dramatically, in a public way. Hence these excerpts from the November 23, 2020 episode of The Glenn Show with Glenn Loury:

Continue ReadingJohn McWorter Draws a Line in the Sand When Ibram X. Kendi Publicly Labels his Ideas “Racist.”

Would you Invite a Poisonous Snake to Run Loose at Thanksgiving Gathering?

I will not be attending any indoor holiday gatherings this year. I'll refrain for the same reason that I don't bring poisonous snakes to family gatherings. Imagine that it's one year ago, before COVID was a thing. Assume that your extended family invited you to a big holiday celebration. You mention to your family that you will be bringing your pet poisonous snake and letting it run loose in the house during the celebration. Your family is aghast. You reassure them: My snake is shy. It will probably slither under a couch and stay there the entire time. In fact, there is only a 1% chance that the snake would bite one or more people. There's only a 1% chance that people bitten by the snake would die and only another 5% of people who are bitten would have long-lasting residual physical complications.

What would your family say? How is this risk any different than the risk of COVID other than the dangerous being visible rather than invisible?

I've seen the stats. 38% of Americans plan to attend Thanksgiving gatherings with 10 or more people. I understand that we are intensely social animals and that the social isolation triggering depression and probably killing people. I know that there are still some lingering questions about exactly how contagious and how dangerous COVID is in various environments. That said, I won't be attending any indoor gatherings this holiday season. Instead, I'll be attending two short scaled-down family outdoor gatherings at a distance (it's supposed to be about 50 degrees where I live). I'm not willing to send anyone I love to the hospital in order to eat turkey in a warm room. Not when there are alternatives to visiting indoors, including Zoom. Not when the hospitals are almost filled and health care workers are stretched hard to handle this onslaught.

Have a safe holiday season!

Continue ReadingWould you Invite a Poisonous Snake to Run Loose at Thanksgiving Gathering?