5/ I'm working on a post about LM and other 1st Circuit trans decisions. These New England judges are blazing a trail of inclusivity through the 1st amendment.
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🚨Long Island judge upholds law that protects women's and girls' sports
The matter concerns a man named Bratzilla who wants to play roller derby against women.
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2/ Last year Nassau County (Long Island, NY) passed a law requiring sports teams using public facilities to identify as mixed-sex or male if the team includes a male player.
A "women's" roller derby team, the Roller Rebels, objected because one of its players is a trans-ID man.
3/ The man goes by Bratzilla because he is very tall and likes bratz dolls.
Roller derby is a dangerous contact sport. Its players pride themselves in being "punk." The NY women's league welcomes men who ID as women.
Why does President Trump need to declare there are two sexes?
In 2017, the Endocrine Society claimed the term biological sex was "imprecise and and should be avoided."
Really it was just 10 doctors who said this, but they controlled a key ES committee. /1
The ACLU soon began quoting this ES Guideline in its trans lawsuits to "destabilize" the judges' understanding of sex -- sex being the word that unlocks rights in law.
The idea was to let people identify their own sex by declaring a "gender identity."
The ACLU executed this maneuver (not quite an argument) when it represented:
A) Girls who wanted to use the boys' bathroom
B) Boys who wanted to compete in girls' sports
C) Doctors who wanted to block the puberty of gender-nonconforming children
/3
They argue in JAMA (med journal) that if the Supreme Court sides with Tennessee in US v. Skrmetti , medical practice having nothing to do with gender med "may be in peril."
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2/ The piece by Boston U Profs. Nicole Huberfeld and Michael Ulrich is titled "US v. Skrmetti -- Testing the Transition to Politicized Medicine"
It's a slippery slope argument that letting states ban gender med will lead them to ban real med.
3/ The law profs assume that: 1. Gender med prevents suicide 2. Transgender people are a class (no definition provided) 3. Bans on gender med treat this class different from everyone else 4. These bans are supported by "false of no evidence" (later paragraph)