Legislation Proposed to Clarify the Rights of Parents of Gender Dysphoric Children Attending Public Schools

Attorney Luke Berg is asking state legislatures to clarify the rights of parents, especially in cases where public schools are secretly affirming a child's transition while at school. Here is some background and the key points Berg is proposing:

In the past few years, school districts nationwide have quietly adopted policies requiring staff to facilitate and “affirm” gender identity transitions at school without parental notice or consent—and even in secret from parents. Certain groups are telling school boards and administrators that excluding parents from the decision about whether staff will treat their child as the opposite sex is not only best practice but required by law. Neither is true. Such policies fly in the face of how schools treat every other decision of similar significance.

From a legal perspective, these policies violate parents’ constitutional rights to raise their children. They also conflict with science. Many professionals in the field believe that transitioning at a young age can become self-reinforcing and do long-term harm. And these policies divide children against parents, communicating to kids that their parents’ decisions should not be respected.

Key Points

• Schools have a long-standing tradition and legal obligation to inform parents of their children’s medical and behavioral issues and to honor their decisions about what’s best for their kids. Yet, prompted by a well-organized lobby, many school districts have decided that minor students can change gender identity at school without any parental involvement.

• A gender identity transition is a major event in a child’s life. It can have long-term effects on a child’s psyche and sense of identity, and, as a result, many mental health professionals recommend a more cautious approach, first helping children process what they are feeling and why.

• The increasingly common practice of rushing to “affirm”and facilitate a transition at school without informing parents, and even refusing to follow their wishes, runs directly against a strong body of case law recognizing parents’ constitutional right to raise their children.

• State lawmakers can and should clarify that school districts must defer to parents when children struggle with gender identity issues.

. . .

Even if political pressure fails, these policies are vulnerable to lawsuits. As discussed briefly above, a long line of cases from the United States Supreme Court holds that parents have a fundamental right, under the 14th Amendment, to “direct the upbringing and education of children under their control.” This is “perhaps the oldest of the fundamental liberty interests recognized by” the Court.

. . .

To be clear, such a bill would not, as some will likely argue, require teachers to immediately “out” to parents any student who has questions about these issues and confides in a teacher (though teachers must be permitted to communicate openly with parents about this, because this can be a serious mental health issue). But if a student wants to take the major step to transition, asking all teach- ers and staff to treat him or her as the opposite sex while at school, that should require parental per- mission, just as taking medication at school does, because—as noted above—social affirmation is a medical intervention. Teachers can still be a safe space for students to process these issues while gently explaining to students who want to transition that this is a big decision and that they need to involve their parents if they want to do so at school with the support of staff.

No parents should go through what Jay Keck58 went through, suddenly discovering one day that his daughter had changed gender identity at school, with the school’s active participation and affirmation but without any notice to him. No parents should go through what the Kettle Moraine parents went through, being forced to withdraw their daughter from public school just to protect her and preserve their parental role.

A bill to prevent this should find broad support among parents and constituents. Most parents are outraged when they learn that school districts are excluding parents from this major decision. Even parents who ultimately would allow an immediate transition should want and expect to be involved. Those who support these policies should be forced to defend them publicly and explain why they believe it’s ever appropriate to hide such a serious issue from parents or to subvert the parents’ decision about what’s best for their child. These poli- cies have been implemented quietly for a reason. A public debate that brings them to light may be all that’s needed to start eliminating them.

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Dark Triad Personality Characteristics Tied to Weaponized Victimhood

From PsyPost:

New research provides evidence that narcissism, psychopathy, and Machiavellianism — maladaptive personality traits known as the “Dark Triad” — are associated with overt displays of virtue and victimhood. The study suggests that people with dark personalities use these signals of “virtuous victimhood” to deceptively extract resources from others. The findings have been published in the Journal of Personality and Social Psychology.

“Fortune and human imperfection assure that at some point in life everyone will experience suffering, disadvantage, or mistreatment,” wrote the authors of the new study. “When this happens, there will be some who face their burdens in silence, treating it as a private matter they must work out for themselves, and there will others who make a public spectacle of their sufferings, label themselves as victims, and demand compensation for their pain. This latter response is what interests us.”

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How to be a Human Animal, Chapter 28: Morality and What to Do Next?

This is Chapter 28 of my advice to a hypothetical baby. I'm using this website to act out my time-travel fantasy of going back give myself pointers on how to avoid some of Life’s potholes. If I only knew what I now know . . . All of these chapters (soon to be 100) can be found here.

Why do people do the things they do? How can we make sense of all of this talk about what is "moral," and what is "right" and "wrong." These are an extremely difficult topics. As we already discussed, however, we need to beware systematizers who scold you to based on their mono-rules of morality. That was the main take-away from the previous chapter.

In this chapter, I’ll briefly discuss three approaches to morality that don’t rely on such simplistic rules. The first of these thinkers is Aristotle, who still has so very much to offer to us almost 2,500 years after he lived. His view of what it means to be virtuous is a holistic set of skills that requires lifelong practice. What a change of pace from the mono-rules of other philosophers. I’ll quote from Nancy Sherman’s book, Fabric of Character pp. 2 - 6:

As a whole, the Aristotelian virtues comprise just and decent ways of living as a social being. Included will be the generosity of benefactor, the bravery of citizen, the goodwill and attentiveness of friends, the temperance of a non-lascivious life. But human perfection, on this view, ranges further, to excellences whose objects are less clearly the weal and woe of others, such as a healthy sense of humor and a wit that bites without malice or anger. In the common vernacular nowadays, the excellences of character cover a gamut that is more than merely moral. Good character--literally, what pertains to ethics—is thus more robust than a notion of goodwill or benevolence, common to many moral theories. The full constellation will also include the excellence of a divine-like contemplative activity, and the best sort of happiness will find a place for the pursuit of pure leisure, whose aim and purpose has little to do with social improvement or welfare. Human perfection thus pushes outwards at both limits to include both the more earthly and the more divine.

But even when we restrict ourselves to the so-called ‘moral’ virtues (e.g. temperance, generosity, and courage), their ultimate basis is considerably broader than that of many alternative conceptions of moral virtue. Emotions as well as reason ground the moral response, and these emotions include the wide sentiments of altruism as much as particular attachments to specific others. . .  Pursuing the ends of virtue does not begin with making choices, but with recognizing the circumstances relevant to specific ends. In this sense, character is expressed in what one sees as much as what one does. Knowing how to discern the particulars, Aristotle stresses, is a mark of virtue.

It is not possible to be fully good without having practical wisdom , nor practically wise without having excellence of character  . . . Virtuous agents conceive of their well-being as including the well-being of others. It is not simply that they benefit each other, though to do so is both morally appropriate and especially fine. It is that, in addition, they design together a common good. This expands outwards to the polis and to its civic friendships and contracts inwards to the more intimate friendships of one or two. In both cases, the ends of the life become shared, and similarly the resources for promoting it. Horizons are expanded by the point of view of others, arid in the case of intimate relationships, motives are probed, assessed, and redefined.

Aristotle is talking to those of us who live in the real world, recognizing the complexity of the real world and helping us to navigate as best we can. Again, what a change from the mono-rules!  This real-world applicability and appreciation of nuance is something Aristotle has in common with the Stoics, which we discussed in Chapter 21. 

Here’s another approach, this one from modern times. For a long time, I've been almost obsessed that what we think of as moral is, in a real sense, beautiful and what we think of as immoral is ugly. Based on our reactions to situations that are "moral" and "immoral," there is no possible way that these things are not connected. Such an approach also recognizes that morality is not dictated by any static set of commandments or imperatives. Rather, both morality and art are, at least to some extent, in the eye of the beholder.

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CRT Related Censorship and Tribalism Make Inroads into the American Legal System

Detailed article by Aaron Sibarium, writing at Common Sense, the Substack of Bari Weiss.  The title to the article is "The Takeover of America's Legal System: The kids didn't grow out of it." Here are a couple excerpts:

The adversarial legal system—in which both sides of a dispute are represented vigorously by attorneys with a vested interest in winning—is at the heart of the American constitutional order. Since time immemorial, law schools have tried to prepare their students to take part in that system.

Not so much anymore. Now, the politicization and tribalism of campus life have crowded out old-fashioned expectations about justice and neutrality. The imperatives of race, gender and identity are more important to more and more law students than due process, the presumption of innocence, and all the norms and values at the foundation of what we think of as the rule of law.

One more . . .

Trial verdicts that do not jibe with the new politics are seen as signs of an inextricable hate—and an illegitimate legal order. At the Santa Clara University School of Law, administrators emailed students that the acquittal of Kyle Rittenhouse—the 17-year-old who killed two men and wounded another during a riot, in Kenosha, Wisconsin—was “further evidence of the persistent racial injustice and systemic racism within our criminal justice system.” At UC Irvine, the university’s chief diversity officer emailed students that the acquittal “conveys a chilling message: Neither Black lives nor those of their allies’ matter.” (He later apologized for having “appeared to call into question a lawful trial verdict.”)

Professors say it is harder to lecture about cases in which accused rapists are acquitted, or a police officer is found not guilty of abusing his authority. One criminal law professor at a top law school told me he’s even stopped teaching theories of punishment because of how negatively students react to retributivism—the view that punishment is justified because criminals deserve to suffer.

“I got into this job because I liked to play devil’s advocate,” said the tenured professor, who identifies as a liberal. “I can’t do that anymore. I have a family.”

Other law professors—several of whom asked me not to identify their institution, their area of expertise, or even their state of residence—were similarly terrified.

Nadine Strossen, the first woman to head the American Civil Liberties Union and a professor at New York Law School, told me: “I massively self-censor."

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