Arguments were heard in this case Thursday: Why might a case involving a Christian conservative male professor matter to women & girls generally? Everyone has the right to discuss these issues, but women and girls have the most personal & immediate need.
From our brief, re: significance of claims made under the auspices of “gender identity,” “WoLF is particularly concerned that it deprives women who appear before the court of the ability to speak accurately about the issues they face as a sex-class.” static1.squarespace.com/static/5f232ea…
“WoLF maintains that preserving and advancing women’s rights, liberties, and other interests necessitates a recognition of sex, consistent with the longstanding meaning of that term ...” static1.squarespace.com/static/5f232ea…
“Sex is observed & recorded (not “assigned”) at or before birth by qualified medical professionals, & it is an exceedingly accurate categorization: an infant’s sex is easily identifiable based on external genitalia & other factors in 99.982% of all cases” static1.squarespace.com/static/5f232ea…
“The meaning of “sex” is both objective and longstanding. Like all mammals, in order to survive, our earliest human ancestors had to be able to distinguish between male and female even before they developed the relevant language.” static1.squarespace.com/static/5f232ea…
“Since then, biologists have developed a more sophisticated understanding of sex, but the basic biological distinctions between the male reproductive class and the female reproductive class remain.”
“In contrast, the earliest appearance of the term “gender identity” in any law review article maintained by the Westlaw legal database appears to have been in 1985.”
“... Doe is entitled to hold the belief that he is female, just as people are entitled to believe either that the Earth is flat or that the sun revolves around the Earth. But one person’s belief in those things (or many people’s, for that matter) does not make any of them true.”
“Further, it is axiomatic that a person’s subjective belief about himself confers upon him no power whatsoever to compel others to adopt and voice his beliefs as their own. ...”
“Respondents can allow their staff to indulge Doe’s demand to be addressed by female pronouns & titles if they wish. What Respondents may not do, without running afoul of the Constitution, is require anyone else to adopt or voice a political viewpoint ...”
“Government may neither compel affirmation of a repugnant belief ... nor penalize or discriminate against individuals or groups because they hold religious views abhorrent to the authorities.” Employment Div., Dep’t of Human Res. of State of Or. v. Smith, 485 U.S. 660, 670 (1988)
“...In ruling against Dr. Meriwether, the district court adopted the precepts of “gender identity” sotto voce, then imposed on Dr. Meriwether the burden to demonstrate how speech that contravenes the ‘gender identity’ belief system involves a matter of ‘public concern.’”
“... After citizenries around the world rejected “divine right” as a source of legitimacy for kings and emperors, there emerged in the resulting void numerous different systems of “political religion,” which took the form of secular ideology.”
“... Such ideology “offers a holistic worldview, easily mobilizes masses, and acts with the power of a myth . In this sense, it is a ‘secular religion’ with its own ‘priests’—the intellectuals .” static1.squarespace.com/static/5f232ea…
... “[S]uch ‘religions’ are understood to share some properties of generic religion [that are] conceived [as] negative—fanaticism, intolerance, and irrationality.” A. JAMES GREGOR, TOTALITARIANISM AND POLITICAL RELIGION, AN INTELLECTUAL HISTORY 3 (2012).
“... Pertaining to this case, the ideas surrounding “gender identity” arose in rebellion against the “gender binary,” ...”
“... which is more accurately described as the
sex binary, i.e., the understanding that human beings can meaningfully be classified into the two sexual reproductive classes, male or female.”
“... It is this ideology that informs and purports to legitimize Doe’s demand to be recognized as “a woman,” as well as the University’s policy mandating the use of “preferred pronouns.” That policy bears the markers of a political religion.” static1.squarespace.com/static/5f232ea…
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Some feminists have refused to accept, and therefore fully address the implications of, the systematic ostracism of anyone who shares our ideas from the power structures of left leaning political parties. Such a thorough un-personning and deplatforming wasn’t an accident.
It doesn’t matter what our own political ideas mark us as on an independent, objective political spectrum scale.
What matters is that the people who hold physical possession of the movements we care about, and may have helped build, have put us in their “Nazi” box.
No one will be heard whom the people in possession of the material assets, and social capital, of these movements, have marked as untouchable in this way. The woke staffers (they will all be woke) will likely never let your criticism reach the Great Man, or, now, the Great Woman.
This is what the Human Rights Campaign has in mind for women’s rights for the next 4 years; a total elimination of legal sex recognition in every place in the law where it still matters and helps women. hrc.org/press-releases…
We said when the Bostock decision came down, that this was the likely interpretation that gender activists would push: “Ensure consistent administrative implementation of Bostock v. Clayton County across all agencies enforcing civil rights statutes and provisions;”
We discussed this then, as it was the expectation that the ACLU, ADF, and most other legal observers had, that Bostock meant “gender identity” and “transgender status” would impose recognition of gender claims overriding otherwise lawful, sex-based rules.
For us, we look at the roots of women’s oppression in male violence & coercive control against women.
It’s not so much an issue we take on as it is a perspective shift; the violence and coercion, the ubiquity and acceptance of it, being seen as the material engine of oppression.
It’s breathtaking that some people are celebrating a Joe Biden win by telling feminists that we should never work with conservatives. Because they disagree with us about abortion. Joe. Biden. theintercept.com/2020/03/07/joe…
Joe Biden has won, so obviously we must never work with the terrible capitalists because it would harm our credibility. gq.com/story/joe-bide…
Joe Biden has won a US presidential election, and so it’s important to remember never to work with anyone, or someone who might be affiliated with anyone, who’s had a bad record on taking sexual harassment complaints seriously.
What is a ‘male feeling,’ ‘male thought,’ ‘male talent,’ or ‘male preference’ regarding the world and human expression, unrelated to the particular sensations of the sexed body, that no woman ever shares, given similar conditions?
Even if there are some broad tendencies based on sex, such as the greater male propensity to commit violence that’s borne out in the crime stats of the entire world, this doesn’t dictate an inevitable palate of talent and personality at the individual level.
Men aren’t the sex of person who understands math, because not all men ... Women aren’t the sex of person who finds fulfillment in cleaning up. There are men who are gentle and loving, and women who are incapable of genuine affection, because these traits aren’t sex dependent.
Maybe preface it with a history of the reasons why there was feminism in the first place, and all the previous male-led movements women have had to work with to gain incremental improvements to our lives, but that have ultimately turned on us.
Obviously, when men turn on women and undermine our interests, it’s our fault for picking such flawed allies. We should have known better. Should have waited for the perfect partner. It’s our fault we didn’t foresee and prevent the attack.
If men really want women to believe in their individuality, why do they all sound the same when they talk about us?