🚨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.
4/ In July the Roller Rebels sued Nassau County in state court for violating NY law that bars discrimination by "gender identity."
It sought to block the law right away by filing a motion for a preliminary injunction. Today the judge ruled against the team.
5/ Judge Bruce Cozzens says men are stronger than women and he's not going to wait around for an expert witness to prove it.
6/ Cozzens notes that the Roller Rebels are asking a lot: not only that Bratzilla may play for them, but that his sex be a secret.
7/ It's legal to bar men from women's sports. Cozzens cites a 1916 precedent from NY's highest court.
He ignores a 1977 decision from an NY trial court that let Renee Richards (a man) compete in a women's tennis tournament. I wrote about that case: badfacts.substack.com/p/renee-richar…
8/ Title IX comes up indirectly. Cozzens cites last year's Supreme Court decision.
This line is a bit confusing. SCOTUS did not strike down Biden's insertion of gender ID into T9, but did note it wasn't based in T9's text.
9/ Cozzens rules the local law doesn't discriminate by gender identity. (It discriminates by sex, which is legal.)
10/ Nassau County didn't move to dismiss the Roller Rebels' case. It's still alive, in discovery.
The team's lawyers at the NYCLU (state affiliate of the ACLU) announced they'll appeal Cozzens' denial of their motion for a preliminary injunction.
11/ The same day the Roller Rebels sued, the state filed a similar suit against Nassau County. The state didn't seek a PI.
Nassau hosts NY state championships. So while all this litigation festers, and girls in other states lose trophies, NY girls are getting fair competition.
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)
Remember the Cali judge who ordered that Tremaine Carroll, a trans-ID male inmate accused of raping female inmates in women's prison, be referred to as she/her?
Transcript of oral argument 🧵
2/ Prosecutor does his job. In part:
3/ Defense counsel Joseph Goethals argues that whether to use preferred pronouns should depend on the facts of the case. If the court rules that Carroll is a he/him, then it will set a "precedent across the board" for less odious defendants.