Federal Judge rules Title IX protections are based on sex, not stereotypes
July 28, 2015
U.S. District Court Judge Robert Doumar rejected the Obama administration’s attempts to eliminate Title IX sex-based protections for women and girls and replace them with social stereotypes based on sex. The ruling came in the case of Gavin Grimm, a sixteen year old girl who believes that people have inborn mental characteristics based on sex, and that she has the personality of a sperm-producing individual. Individuals with this belief system call themselves “Transgender” and consider what they believe to be a mis-match between personality and reproductive biology to be a psychiatric condition.
Grimm believes her personality is one of a biological male, and that therefore she is a male with a female body. She would like to express this belief by using the urinals along with the males in the public restrooms at her school. Transgender adherents also believe that individuals who have personality traits “innate” to the opposite sex should be made to use facilities of the opposite sex that are normally sex-segregated for the protection and privacy of women (locker rooms, sports teams, sleeping quarters, showers, hospital bed assignments, etc.)
The Obama administration also believes in the concept of mental sex, and has attempted to bypass the legislature and judiciary by pushing guidelines through their Department of Education, OSHA, Department of Labor, EEOC, and Justice Department removing sex-based protections for women and girls under Title IX and replacing them with protections for “mental sex”, or “reproductive personality”, or “gender identity”.
The ACLU, with the backing of Obama’s Justice Department filed a lawsuit against Gavin Grimm’s school district, claiming that Title IX sex-based protections should be overridden by the concept of sex-based personality. Specifically they assert that students whose personality does not “match” their reproductive status should use areas of public nudity along with those of the opposite sex. Grimm’s school district sought to accommodate her sex-stereotype beliefs by offering her use of private unisex facilities in several locations throughout the school, but she claims segregating any facilities based on sex discriminates against her self-concept and belief that her brain is reproductively male.
This is at least the second federal ruling that rejects Obama administration attempts to strip Title IX protections from women and girls in order to establish federal guidelines on sex-based personality characteristics.
Here Gavin explains why she believes she is a sperm producing male individual, rather than an egg producing female individual:
“When I was little, I didn’t think of myself as a boy or a girl. I thought of myself as a kid who did what I wanted. When I started school, though, that gender divide became more apparent. I noticed that boys didn’t want to play with me. I had a best friend in elementary school, and one day he just said, “Hey, we can’t hang out any more.” When I asked why, he said, “’Cause you’re a girl.” I was indignant. “What are you talking about?” I asked. “What does that even mean?”
I never, ever, in a million years envisioned myself growing up to be a woman. I don’t think I thought of any alternatives, but I knew for sure that I was not going to grow up and be a woman. When puberty hit, my biggest struggle was not only feeling betrayed by my body, but also the increasing pressure to become a little lady.
It was around this age that my leg hair started growing in — and I did not want to shave it. I loved having leg hair; I thought it was cool! But, my classmates didn’t agree. My mother, of course, put a lot of pressure on me — because I was “blossoming into a young woman” and all that — to conform to feminine archetypes. That caused a lot of conflict in my family relationships. I was a very volatile, angry kid in that time period.
But, I didn’t give up; I just continued refusing to shave or wear dresses. I gravitated towards boys’ clothes. It started slowly: Oh, here’s one Pokémon shirt because I love Pokémon. Soon, I was only shopping in the boys’ section. My mother (and I want to make it very clear that she has come a very, very long way) is Christian. She had a lot of problems with homosexuality, and she perceived me to be a homosexual female because I was very masculine in how I acted and dressed. At one point, she came to me and said, “You’re so angry, and I know why.” I said, “Wait, you do?” And, she said, “You’re a lesbian.”
I was about 11 or 12 at the time. And, I knew I liked girls, but I’d never, ever, ever identified with the term “lesbian” — calling yourself a lesbian means asserting yourself as a woman, and I didn’t want to do that. I wanted to live in that gray area where I didn’t have to say that I was anything. So, the conflict started again. Apparently, being a lesbian doesn’t excuse you from shaving your legs.”