Federal Judge rules Title IX protections are based on sex, not stereotypes

July 28, 2015

Gavin Grimm

Gavin Grimm

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.”

Transgender Flag: Blue is for boys, Pink is for girls

Transgender Flag: Blue is for boys, Pink is for girls

71 Responses to “Federal Judge rules Title IX protections are based on sex, not stereotypes”

  1. U.S. District Court Judge Robert Doumar has committed a Thought Crime and must be made an Unperson. That’s how life works now right?

  2. petuniacat00 Says:

    “Mental sex” is perfect. Clearly loans itself to all sorts of jokes. But what I mean is it is the thing whose existence is pivotal for the whole set of claims that the transgender movement is making. If “mental sex” doesn’t exist then everything they’ve been saying is just a bunch of opinions and ideas. If “mental sex” isn’t real then transgender isn’t real. And the legal things that they ask for is like people with neck tattoos claiming they are a minority, and are entitled to legal protections and exemptions from laws. People with neck tattoos are different from the majority of people in our society, thank god. But that difference is voluntary and cosmetic. Having a neck tattoo is a way of acting and looking. It’s not a special class deserving of protections. Women are a protected class. (Where “class” means category in legalese.) Transgenders may be different but for title IX to apply they would have to be women.

    So, big sigh of relief!

    Very disturbed to learn the Obama administration believes in “mental sex”. There is no fucking evidence for it. I don’t live in the States but if I did that would be my taxes being spent for bureaucrats to operate in terms of pseudoscience. WTF!?!?

    “Reproductive personality”? WTF! Also this kid was offered unisex bathrooms? What is with this school, is it made of bathrooms? I feel sorry for the school district. But also irked that they bent over backwards for this . For those not in the know, kids with disabilities (cerebral palsy, autism, etc.) are constantly being short changed by school districts. Money is put aside for disability stuff and then it’s not spent on that. The parents constantly have to go and fight with the schools. But this kid is being offered multiple bathrooms. Good night! Interestingly bathrooms have been a big part of the disability rights struggle. In our case it had nothing to do with identity it was wheelchair users needing a place you can physically get into to pee. I know, such a prosaic use of bathrooms.

    Gallus’s first paragraph in this is perfection. I particularly like:
    “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.”
    ‘… that should be treated in part with amputations’, I would add. 😖

    • Tim Says:

      What is with this school, is it made of bathrooms?

      HAHA a funny line about an unfunny thing. I’m picturing an entire school building that is nothing but bathrooms. I had a similar reaction reading this late last night. We definitely need to mandate every school in the country retrofitting their buildings to add more bathrooms. We’ve gotten rid of “frills” like music and art and school libraries and cut cut cut even classroom teaching positions so we can just cut some more to add bathrooms.

      • MaryMacha Says:

        Right, the fact that at break time and at events there’s a line out the door of the women’s rooms is not a good reason to have more bathrooms. But confusion and delusion about sex is.

  3. “My mother…is Christian. She had a lot of problems with homosexuality, and she perceived me to be a homosexual female because I was very masculine… I knew I liked girls, but I’d never, ever, ever identified with the term “lesbian”…”

    And there you have it.

    My mother was feminist. I had the “Free to Be You and Me” book. She gave me newspaper clippings of women dressed as men, such as Sandy Duncan as Peter Pan or Liza Minelli in a tuxedo.

    Grimm is not trans. She’s a homophobic lesbian. It breaks my heart. 😦

    Cool flag! And I love how you brilliantly framed “mental sex.” Thank you for posting this, and thank you for this blog.

    • southwest88 Says:

      I thought the same thing, she is not trans, she is trying to find a place in a world where women are not treated right and that is a challenge that many full grown women can’t “win” but nobody is telling her that!

  4. stchauvinism Says:

    Reblogged this on Stop Trans Chauvinism.

  5. Imelda_66 Says:

    Hallelujah! (to the judge’s decision, of course). Best news I’ve heard in a while!!!

  6. grumpyuncleR Says:

    ” She would like to express this belief by using the urinals along with the males in the public restrooms at her school”

    Am I missing something here? As a male I wonder how is she going to manage when trying to have a piss? She is going to have to manouver her parts out through the gusset on her y-fronts and the fly on her trousers.
    If she has female body parts she might find that a little awkward. (and damp)

    • GallusMag Says:

      They use a device. It does get soaked with pee and smell though.

      • grumpyuncleR Says:

        “It does get soaked with pee and smell though”

        Whiz Freedom, Mr Fenis!
        I don’t know whether to laugh or cry.

      • petuniacat00 Says:

        The names! Fenis, and MR. fenis! “Call me MR. Fenis!” But are Whiz Freedom and Shewee actually made for women going camping? Or on the boat? I so friggin hope! Whereas the other ones are pretty obviously for the ‘Transgender Set’™

        I just had a horrible thought. At some point someone is going to invent transgendered dolls. And there will be insanely chipper lifestyle type of news stories about them. Saying the horrible transgendered doll saved some kids life.

        In the original BuzzFeed article it’s also made clear that she rejects using a single stall unisex bathroom. You know like airplane bathrooms or those nice ones in the grocery store. Big and private. It’s all about making everything in the world into a prop to use in her dress up identity.

        I find this especially disturbing in a teenager. People are encouraging her in this. And it’s just so unrealistic to think that large-scale institutions in the world are going to do all this stuff to accommodate what you want. Even if you have a legitimate claim. And the way things are going in society by the time she’s grown up and holding a job there aren’t going to be a whole bunch of windmills to tilt at anymore and she’s going to be very disappointed to discover that life is not about all of these exciting self-righteous adventures seeking one’s “rights”. That was one of the things about the gay rights movement back in the 70s and 80s. They just wanted to have normal boring lives like anybody else. That’s something society can (come close to) providing. By dismantling discrimination and persecution, then leaving you alone. Helping you have a happy identity, and being the star of the show? Not so much.

        Thanks Gallus for this disturbing urine stick info. :-/ Because if these trans teens actually are depressed (as I think) nothing is going to help that like being the kid at school who smells. 😦

      • neme Says:

        This girl won’t be able to have a job. She will fall apart when the special snowflake treatment stops.

        In the seventies and eighties we wanted revolution. It was the nineties when those with the assimilation agenda got loud. The nineties had a lot in common with the fifties that way.

      • MaryMacha Says:

        I don’t usually feel sorry for boys but that article from 2014 GT is a case-study in craziness.

      • MaryMacha Says:

        @ Petuniacatoo. I remember seeing something like these for sale at a booth at MichFest in ’06 or ’07. So yes, very much intended for convenience. Before that in the mid/late 90s the concept was going around in zine format. The instructions were to cut the edge off a plastic lid so it was flat and fold it (taco style) to pee. I don’t remember ever actually trying it but I can think of a few modifications that would have been helpful. Seems others did as well. As for the smell, one of the selling points was that the lid would be dry as soon as you were done because food container plastic lids are very slick and none-porous. These on the other hand, are probably as high maintenance as the owners and probably don’t just fit in your back pocket.

      • morag99 Says:

        ” But are Whiz Freedom and Shewee actually made for women going camping?”

        I want a Shewee to take with me to festivals where there are porta-potties. Better yet, I want disposal Shewees (made from a bio-degradable material, of course!). And I want them to come in packages of six. In case I drink beer.

      • FreeFromSexPozzies Says:

        Morag- they do have disposable ones in packs of 6. I wish I could recall what they were called, but I bought them online. They are meant for use in ports potties and other places you don’t wanna sit to pee (probably because men also use those potties and leave it gross…)

      • prozac Says:

        If it was the other way around, like a dick-squisher for pointing your penis in a feminine direction while you sit, can you imagine the “TRANSPHOBIC!! Cries if it were called malgina or peen-ale. Funny how ftms haven’t taken offense to the fe prefix here. Maybe because it’s attached to a dick? At any rate those names are hilarious. I guess the brown one is number one “stand to pee”… Somewhat redundant.

      • morag99 Says:

        “Morag- they do have disposable ones in packs of 6. I wish I could recall what they were called, but I bought them online. ”

        I’ve never seen this product anywhere, so I thought I was being an original thinker, right down to the six-pack. Damn. It’s all been done!

        I’m curious, FreeFromSexPozzies — how well did they work for you?

      • Dollgirl Says:

        @ Petuniacat00 too late. I collect dolls, specifically resin ball jointed dolls which are highly customisable and transgender dolls are super popular, at least for hobbiest on tumblr.Most especially putting dresses on pretty boy dolls, some of the companies even make dresses to fit their male dolls.

        It’s only a matter of time before Mattel sees the potential with cheaper fashion dolls…wouldn’t need to try hard with bratz, those dolls already look like drag Queens.

    • Zemskull Says:

      I have heard of long-haul female truckers and pilots using devices similar to the “fenis” in order to urinate into jugs for disposal later.

      • shediogenes Says:

        I’m a trucker and I bought a p – style at Michfest. It comes in handy every once in a while. I do find that from time to time I just wind up pis sing down my leg and soaking my shoes. This is most likely to occur during the week before (***TRIGGER WARNING***) Menstruation, due to the fact that during (***trigger warning***) My Cycle, my (here we go again trans kidz, ***trigger warning***) as I was saying, my vulva swells and changes shape, and doesn’t fit the p – style so well.

        Gavin. needs to focus on her education. That is what school is for. The bathrooms are incidental. All she’s learning to do is carry water for Tranz. Inc. And to think, she could have a private bathroom where she could learn how not to pee in her shoes.

      • river Says:

        I want someone to make a meme of a shape shifting vulva. I guess it changes colour a bit too? I’ve heard of that. Probably erect hairs?

        Triggggerrr Warninnnng.

  7. kesher Says:

    I’m kind of torn between feeling sympathy for this girl that she can’t just come to terms with being a gender non-conforming lesbian and just throwing my hands up in the air with frustration. Grimm is, in fact, a lesbian; nothing about her own self-reported story even mentions “dysphoria” — intense discomfort with primary or secondary sex characteristics. She just hates female gender expectations, and why shouldn’t she?

    But one thing that really gets me is her actual behavior here, claiming that having three bathrooms to herself is some sort of oppression. I remember how filthy high school bathrooms were (even the girls’, I shudder to think what the boys’ was like); many teens would be thrilled not to have to deal with that. So, Grimm “identifies” as a boy but doesn’t see the need to perform that identity by not playing the simpering victim card.

    This is so much like Invictus Animus, or whatever the hell her name is. These women are “identifying” as men but continue to exhibit female-pattern submissiveness and self-effacement. Good luck in the men’s, girls. You’re going to need it.

    • GallusMag Says:

      Actual lol at the mention of the Invictus Anus person. She reminded me of the assburger with the red stapler in ‘Office Space’ who ended up burning down the building. LOL

    • mochi Says:

      Female pattern submissiveness and self effacement. Yep. Its hard to unlearn a lifetime of grooming for the subordinate sex class. A few hormone shots and a trendy name are NOT going to fix that

    • sellmaeth Says:

      Playing the victim card is a very male trait. Exhibited by several MRAs who claim to be oppressed. In that, she’s performing quite well.

      And yes … who would want to be a girl in a world that hates girls? it is, sadly, only to be expected that many girls try to identify out of sex-based oppression. It’s a pity this doesn’t work. (If it did, I would try, too, to be honest. Just identify as male and get paid more, get listened to more, get to walk around at night without fear? Hell, yes! But I would have to completely ruin my body before I could even hope to pass as male, so … just not worth it.)

      • kesher Says:

        It definitely is a male trait, but in very different circumstances, I think. Men play the victim card when they’re trying to get something from women. They don’t play the victim card with each other. Doing that will earn them a mocking or a beating. This girl doesn’t understand how to “man”. If she did, she wouldn’t be crying “poor me” to get boys/men to give her what she wants.

  8. Bev Jo Says:

    Pitiful. But clearly so much easier to betray herself and other girls than take on the oppression of being a Lesbian. I will never understand this mindfuck, as trendy as it is. I love being a Lesbian. It’s the best possible choice for females.

    The first girl I told I was in love with when I was 16 was not willing to be oppressed enough to love me back as a lover (which she regretted years later). She loved me, but was just realizing the power she would have as a het girl and woman, and was painstakingly teaching herself how to be attracted to boys and how to flirt, just as she was set on getting a career to make a lot of money.

    This was 1967. She was trying to get me to realize how hard being a Lesbian would be. She asked if I really was prepared to use the men’s restroom. I never considered that had anything to do with loving her. But she got the desired effect of my being horrified at the thought. That didn’t stop my loving her, or the next girl I fell in love with who did become lovers with me.

    But here is this crazy idea again, with this girl wanting to use a male restroom. WTF why? I found most males repulsive and doesn’t she if she loves other girls? I still don’t understand why the girl I loved made that bizarre connection. I guess for those who don’t really think deeply or even shallowly, loving our own kind means we somehow are not ourselves, but become those who prey on and hate us? Anything to not think rationally….

    • sellmaeth Says:

      Well, there is a certain kind of logic in suspecting everything males use, and women don’t get to use, is a male privilege.
      I always feel slightly insulted by those “for boys only” stickers on books, and maybe she feels the same about the male restroom?

      Although it really is not much of a privilege to walk through a room where several men stand with their penises in hands and pee, and to be reminded of the fact that many don’t wash their hands afterwards.

      On confusing loving women with preying on them … well, girls are taught that males preying on them is “love”, so it is not surprising that some young girls get a bit confused.

      People have power as het girl and woman? I’m not so sure. Sure, there are benefits to have had from not being a lesbian (openly), but if you have to teach yourself to be attracted to men … is that not prostitution by another name? And is not prostitution something only the most powerless resort to?

      “Sexy” women only have as much power over men as men are willing to give them. And that’s not really power in my opinion.

      • MaryMacha Says:

        “girls are taught that males preying on them is “love”, so it is not surprising that some young girls get a bit confused”

        Yep, straight women often treat lesbians like we are some sort of threat and act afraid of us. I find it insulting when a passerby clings to her man or shields her kids in reaction to little ole me. It’s also perplexing. I always wonder if they are not acquainted with the crime section of the newspaper and what it reveals about males.

        As for het privilege, it’s a case of bigger cages, longer chains, especially if you are forcing yourself to be straight. If you really are straight, it must be very difficult to create egalitarian relationships.

      • LC Says:

        “Yep, straight women often treat lesbians like we are some sort of threat and act afraid of us.”

        Often? I’d be curious to know what circles of women you know are like this. In my own experience, straight liberal-leaning women are either amused, slightly flattered, or slightly repulsed by the perceived advances of lesbians, more so the first two options than the third. Conservative straight women tend to not think much about lesbians at all, or fall into the ‘slightly repulsed’ category.

        But I’ve never heard a woman express fear or view a lesbian as a threat. It doesn’t even make sense- women don’t view women as threats, by and large, because NO ONE views women as threats. Politically, there are some who have internalized misogyny toward what they perceive as ‘lesbian feminism’, but where are you seeing this fear on a personal level?

      • Bev Jo Says:

        They certainly have the power to be superior to Lesbians and celibate women as well, despise us, fire us, evict us, etc. And of course betray us, as many Lesbians who have returned to men have done. Even in the Lesbian community, women who once chose men often brag about it, knowing it increases their status.

        Yes, being het is often a form of prostitution, as so many of our mothers showed us.

      • kesher Says:

        I obviously can’t speak to MaryMacha’s experiences, but I’ve noticed women who are already long-standing lesbophobes are looking for a reason to see lesbians as predatory. Straight women’s fears in this regard might not be quite as toxic as straight men who freak out about gay men supposedly preying on them, but it’s there.

        I’ve also heard many stories of gender non-conforming women who are treated like lepers by other women.

      • KgSch Says:


        A good example of het women who hate lesbians are the ones on the trans train. A lot of the women lecturing lesbians about how “not liking penis is bigotry because it hurts trans feels” are het or bisexual. (Or “queer”) How nice it must be for them to get away with openly hating lesbians like they always wanted to by promoting corrective and getting progressive brownie points by doing so.

        Also, I think it’s worth noting that I have never ever been sexually harassed by a lesbian, but I have been sexually harassed by het women. It’s usually het women who want me to have sex with them or a threesome with there boyfriend or who are offended that I don’t think their drag queen makeup is hot.

        Bev Jo is right about het women who fire and evict lesbians.

      • sellmaeth Says:

        “Also, I think it’s worth noting that I have never ever been sexually harassed by a lesbian, but I have been sexually harassed by het women”

        Assuming you are female – this is really a thing? Weird. Maybe they do it to impress their boyfriends? Sort of, acting as the agent of the boyfriend?

    • petuniacat00 Says:

      Bev Jo, this is incredibly interesting. Another era. Also sad. Did the girl you loved later come out and be a happy lesbian?

      • Bev Jo Says:

        No, it was very sad. I have our story at my blog. We were so in love, so happy, but she was owned by her parents, who kept her almost a prisoner outside of school. (My parents didn’t care what I did really, so I was much more free and could use our car.)

        Marg’s mother got more and more suspicious, since we were so ecstatic together, and finally found my letters. A friend helped us continue to write and meet secretly, but then those letters were found and now I wonder if Marg wanted that to happen, to be “cured.” I altered my life to be able to be with her, and they stopped her from joining me, so I ended up trapped, too far to visit her. Her parents had been fanatical Catholics, but she later became the worst kind of right wing fundamentalist xtian, and has written some bizarre things that were obsessively pro-Newt Gingrich. She never got married but became het.

        She had been so wise and brilliant at 16, wrote beautiful poetry and songs, including a love song to me that I still treasure. Considering our Catholic training, she seemed to really think and question. We had a friendship group of just other girls that was wonderful. Our passionate love-making, completely uninfluenced by men or porn or the later grotesque “Lesbian sex” books produced by sado-masochist bi-sexuals that so tainted our communities, was amazingly powerful — pure Lesbian. We knew exactly what to do, loving each other so deeply.

  9. FreeFromSexPozzies Says:

    Finally good news!

  10. Spinster Says:

    What in the world… 😐

  11. boringradfem Says:

    This is good news. But I still feel kind of bad for this kid. Using women’s restrooms as a masculine female is not easy. When I was at the height of my “queer masculine” phase, I had a terrible time using women’s restrooms. Women would yell at me and I had security called on me several times. It is even harder if you bind. It is very dangerous, but sometimes blending in is less embarrassing than having to “prove” that you are female to random security people. It is not like the world is filled with radfems who love gender non-conforming women. Most women do not like gender non-conforming women very much. Its good news, but have some sympathy for these kids.

  12. WTF Is This Nonsense? Says:

    Demanding validation. All must deny reality.

  13. Oceans Says:

    I love the irony that this blatant sexist homophobe is part of the LGBT alphabet soup. Fuck T. Just fuck those right-wing sexist assholes!

  14. dejavublonde Says:

    I think we may finally be seeing the tide starting to turn as people are being forced to think critically about real world incidents rather than spout off politically correct rantings from the castle towers. I think we’ll start to slowly see more of as it hits more middle American consciousness and court systems.

    This isn’t my sandbox so I apologize if the next bit is inappropriate (discussing another website and linking to it) – the site I consider to be the most mainstream SJW site and ‘because I said the fee-fees make it reality’ has an article today about Fallon Fox. I almost got dizzy from rolling my eyes reading the article and took a deep breath before reading the comments in preparation for the usual SJWs screaming that saying you feel like a woman is enough and the trans following right behind them screaming that suggesting FF should not fight women would cause one million trans suicides.

    To my absolute SHOCK 85% or so of the comments were tip toeing around reality, saying that they disagree with discrimination but no, FF shouldn’t fight women- and let’s take a look at all MtoT in sports while we’re at it. There were a few attempts by a few if the regulars to shout down and shame the attempts at rationale and the result was the shouters being drawn into actual conversation with real scientific evidence being discussed. The normal (for the site) statistics and pseudo facts were actually shown to be wrong and backed up with actual facts.

    The real reason it stuck out to me was that there wasn’t one single unhinged trans person in the comments. They just sat back and shut up like they do in any other middle American website comments section. It made me really convinced of two things I have suspected for a while – they are at heart cowards of the worst and leaching kind and that they’ve only gotten as far as they have because we, women, have let them- unintentionally but let them regardless.

    article http://jezebel.com/fuck-moving-on-talking-to-fallon-fox-about-fair-fights-1720469599

    • lestoille Says:

      i have noticed the tide starting to turn on several libfem sites. fuck laverne, brucinda represents the true transgender tipping point, and it’s a tipping point into peak trans for many. the problem for trans is over exposure, because familiarity breeds contempt, but also too much exposure is dangerous because it only shows how stupid transgender as a concept is.

      the comments on this article about glasgow pride banning drag amused me greatly. some highlights:

      “I just really, really didn’t understand this at all. Drag queens have privelige now? Maybe I’m not able to get it because I’m not within that community, but from the outside it sounds like some special snowflake divisive bullshit going on.”

      “i am just so tired of the word queer. so so tired.”

      “I often get frustrated because it seems like any conflict between the emotional or physical needs or wants of any of the other letters of the alphabet soup of LGBTQIA or cis het women for that matter the default is always to defer to the wants and feelings of transwomen in progressive circles.”

      most lulzy of all, someone wrote this:

      “I’m certainly not going to police the use of ‘trigger’ here or what triggers trans women. My girlfriend can ‘get triggered’ by other trans women, it happens all the time, and I’m down there on the floor with her to hold her when it’s the worst.”

      and the replies:

      “Wait, how does seeing other trans women trigger her? And since when is it “privilege” to have the power to hurt someone’s feelings? If other people just existing in a public space is that harmful, should they just cancel Pride? I can’t even follow this.”

      “… I can’t help but feel that if the potential of encountering a drag queen is so potentially damaging, maybe best just not to go at all?”

      “Some people just have fragile emotional states surrounding certain things, and that’s OK, and I don’t judge them. But it’s not up to everyone else to keep them safe. To ban drag at a queer specific event is just downright bizarre to me.”

      i never expected to see this kind of terfy shit on a site as lame-feminst as xojane, but there ya go. people are really fatigued with this trans bullshit.

      • Bea Says:

        Eventually libfems will put 2 and 2 together. You can’t dissect MRA/Red Pill fuckery and not eventually come to realize it applies to male trans activist behavior. Cuz they’re male.

      • WTF Is This Nonsense? Says:

        But Bea, according to The Ministry of Trans, 2+2=5! 8P

  15. GallusMag Says:

    Gloucester: Judge ‘unlikely’ to grant injunction in transgender student’s lawsuit


    Gavin Grimm, who identifies as a transgender boy, is requesting to be allowed to use the boys’ restroom at Gloucester High School.

    6:43 pm, July 27, 2015
    NORFOLK — U.S. District Judge Robert G. Doumar said in federal court in Norfolk on Monday that it was “highly unlikely” that he will grant a preliminary injunction requiring Gloucester County Public Schools to allow a 16-year-old transgender student to use boys’ restrooms this fall.

    The injunction is a part of a lawsuit filed on behalf of Gavin Grimm by the American Civil Liberties Union, which seeks a court order requiring the School Board to let Grimm use the boys’ restroom, even though he was born female.

    Doumar did not rule on the injunction Monday but said he will issue a written opinion and after that, set a trial date on the lawsuit.

    He did dismiss the Title IX discrimination claims in the lawsuit, saying the federal law allows schools to have separate restrooms based on sex.

    “I have no problem understanding Title IX,” Doumar said. “It’s specific and exact.”

    In December of last year, the Gloucester County School Board voted to require all students to use single-stall private restrooms or restrooms associated with their physical sex.

    The U.S. Department of Justice filed what is called a “statement of interest” in federal court last month regarding the lawsuit. The document says the district’s policy violates Title IX of the Education Amendments of 1972 because it discriminates on the basis of sex, which the department states includes gender identity and transgender status.

    In addition to Title IX, the lawsuit claims that the policy violates the Equal Protection Clause of the 14th Amendment.

    David Corrigan, representing the school district, argued that “transgender” is not a protected class under the Constitution. He said the school division had offered three unisex restrooms to the entire student body at the school and allowed Grimm to continue to use the girls’ restrooms, which he has chosen not to do.

    “All students have equal comparable restroom facilities,” he said. “He is not being treated differently.”

    Corrigan said the division’s policy took into account the privacy of all students and said school officials took every step to accommodate Grimm’s transition — changing his name in official school records, using male pronouns and allowing him to use a home-bound program for physical education.

    Joshua Block, an attorney for the ACLU, said the policy created a stigma with its unequal treatment.

    “We want him to have the same rights everyone else has,” Block told the judge. “The stigma is not being transgender, it’s being told you have to use a separate restroom.”

    Doumar said he was worried that Grimm, who is still biologically a female, could endure harassment or worse if allowed to use the boys restrooms.

    “Safety of the individual is a concern,” he said. “Why does one person’s rights have to be weighed against another person’s rights? … It really creates a monstrous problem.”

    The judge told Block he did not see that a stigma had been created because everyone knows that Grimm is transgender. Doumar said the attorneys for the ACLU had named him in the initial filing of the suit, which he said was sent back to them to remove Grimm’s name. The suit now refers to him as “G.G.”

    Doumar said he wondered if that was to increase the publicity on the matter.

    Block told the judge it is hard to humanize a case without a name. He said Grimm’s name was well known since the School Board put the policy on its agenda last fall.

    Doumar also questioned whether the policy caused “irreparable harm” to Grimm, which is a legal term that means there will be harm to someone or something that cannot be repaired either physically or with money damages.

    “What happens here is a question of precedence,” Doumar said. “I worry about precedence. If we cut out the (policy), does it mean anyone who genuinely believes they are of the opposite sex can use any restroom?”

    He asked if a ruling in Grimm’s favor would allow all transgender students in Gloucester County and the entire eastern district of Virginia to begin using the restroom of their choice.

    He told Block repeated during the hearing that Block was fighting an “uphill battle” in the case.

    Once Doumar’s written opinion is issued on the injunction, the school division has 21 days to file an answer to the lawsuit. Then a trial date will be set.

    In the suit, Grimm seeks to have the school division’s restroom policy declared unconstitutional and removed, and asks for an unspecified amount of money for damages.

    If the judge rules in Grimm’s favor, it will be the first time a federal court has said that restricting a transgender student’s restroom use is discriminatory.

    Earlier this year, the U.S. District Court in Western Pennsylvania dismissed a lawsuit that a transgender male student filed against the University of Pittsburgh. The lawsuit was filed in 2011, and a judge said in April that the university didn’t discriminate against the 25-year-old student when it prohibited him from using male facilities because he was medically a woman.


  16. Radical Grandma Says:

    This is a 16 yr old. How many of us have changed our minds about many things over the years we’ve lived (in my case, probably thousands, from the petty to the life-changing, such as having children). When a woman leaves the proscribed “gender role”, partially or wholly, in living a day to day life, whether it’s loving another woman, or simply doing the kind of stuff traditionally relegated to men, chores, jobs, etc, a woman will receive criticism and you can see right through the bias to how asserting her entire humanity is a threat. And “gender fluidity” exists only in the physical sex you are, not in what you “think” you should be.

    Sex roles have little to do with our physical beings, but chromosomes do have everything to do with determining our gender, not some notion about “feelings” or “personality” people get stuck on.

    So, since “Gavin” describes her parents as she does, the ACLU has interfered in the case of a minor (and probably changed her status to emancipated to avoid a lawsuit) for the purpose of making some publicity. This is costing Gavin nothing in money but she has no idea what it is costing her in other ways. IMHO, the ACLU has committed a crime against a young girl who doesn’t have the maturity or knowledge (but seems to have the bias and stubbornness) to actually be able to make this kind of life-altering decision.

    I’ve also lived long enough to see how people can convince themselves of many things, and the paraphilias keep increasing in outrageousness-like those who have a fetish about amputating perfectly good limbs, for instance. So wouldn’t surgically removing body parts, like trans do, also, be just as horrifying to the average person?

    This is mental illness, not a legitimate choice for anyone, and I still maintain that the backing and genesis of the “trans movement” is from the libertarian-minded of the rightwing–those who don’t particularly want to be part of a larger society but, rather, see themselves as special snowflakes of some sort who they think are defying their natural existence.

    • petuniacat00 Says:

      Radical grandma, I love it! What you “think” about your sex is immutable and unchanging, but your body is “fluid”. It’s like something out of Hitchhikers Guide to the Galaxy. And this bogus fiddling around with concepts is the only thing that the trans movement has to explain what exactly it is they think they’re doing. This is a big problem. And if we ask for clarification, or point out the contradictions or simple weirdness, then we are “transphobes”. I persist in the view (wishful thinking?) that this stuff is so extreme and so wacky that at some point it’s all just going to collapse. Everyone who even knows what it is is going to hit peak trans, and then what will happen?

      Not interested in the fact that they live in a society? Definitely.

      I think there’s the whole gender and sex, “gender binary” pseudo-intellectual smokescreen . And then there is what most of them are really doing, the autogynephiles, and that’s really just another form of body modification weirdness.

    • Missy Says:

      I would say that even if gender identity is real, that alone doesn’t justify trans people using bathrooms, showers, and locker rooms opposite of their genitalia.

  17. hearthrising Says:

    Not a lawyer, so maybe I’m reading this wrong, but I this 14th amendment equal protection argument is interesting because I was told this is why we need the Equal Rights Amendment: because the courts have not interpreted the 14th amendment (which was enacted late in the 19th century specifically addressing the rights of freed male slaves) as applying to women. If the ACLU is saying she gets rights that she wouldn’t get as a woman for identifying as a man…that just sounds so bizarre. Hope I’m not making myself look ridiculous here. Maybe I don’t have the background to understand this.

    • kesher Says:

      The equal protection clause was one of the constitutional bases for Griswold/Roe. So, at least in that area, SCOTUS has decided it applies to women, but the “strict constitutionalists (when it’s convenient for them)” justices on the current court hate Griswold/Roe and aren’t particularly friendly to the equal protection clause in general.

      One big problem with trying to apply the 14th amendment to sex-segregated spaces is that, if you follow the equal protection clause to its logical conclusion, sex-segregated spaces should be shut down, period. It doesn’t make sense, legally, to throw open the doors to anyone with genderfeels if you’re going to keep them closed to others on the basis of biological sex.

      And if the ACLU thinks they’re going to win the Title IX argument at the SCOTUS level, they’re either delusional or they know something about the makeup of the current court that I don’t. The five most conservative justices love to stomp on any liberal suit on the basis of strict interpretation of the law. If Title IX says “sex”, then they’re going to laugh at the ACLU’s obsession with “gender”.

  18. WTF Is This Nonsense? Says:

    Anyone see this “Niklis Donia” ass at the refinery29 site?


    They’re like, “Oh, I thought trans* people always passed.” {{Haaaa ha}} And, I’m like, “No, some of us don’t pass. Actually, some of us don’t want to.”

    {{What?}}…When I applied for my job, I had to tell them to use male pronouns. They weren’t very good at it, and I was kind of a bitch at first, saying, “Nobody ever told you to call me ‘she,’ so I don’t know why you think that that’s okay.” {{Cuz you’re “she”?}} Now, though, a lot of them are really good with it and actually won’t even use “he.” They’ll just be like, “Nik’s going to take care of you” or “Nik’s going to do this.” I think that’s really cool, ’cause they’re not also pushing the male gender on me entirely, which is the whole purpose of my non-binary identity, you know?…{{So female pronouns shouldn’t really matter? Especially since they are the correct pronouns? How about you find a job in Bizarro World, smartass?}}

    …Really, it’s strangers who are the problem. The other day, my girlfriend and I were at a restaurant, and some white dude called me “ma’am.” My girlfriend said, “Actually, he doesn’t identify that way.” And, he was like, “Oh, sorry, I’m from the South.” My girlfriend’s from the South; she was like, “That’s not an excuse.” And, the guy just said, “Well, I’m working-class.” I’m working-class, too — that’s also not an excuse…

    {{How about, “You are, in fact, the exact definition of a woman, and we’re not in a mental institution, and I have no obligation to cater to your delusions”? You didn’t pass asshole. That’s what you wanted, right?}}

    …When people fight back, I just think, Why are you fighting? Stop making excuses for yourself. Say you’re sorry…and then go educate yourself…

    {{If you could explain it in a coherent way that doesn’t make you sound like an aggressive mental patient, that might help the sane people out.}}

    • kesher Says:

      At least she isn’t having a meltdown every time she’s “misgendered” (which frequently sets apart the MTTs from the FTTs), but it does figure that she and her girlfriend think there’s “no excuse” for people correctly identifying her biological sex plus ambiguous gender presentation. People “assume” she’s a lesbian? So hard to believe.

    • petuniacat00 Says:

      Oh man, I went and read that on the website. That is just so disturbing. She’s completely marginalizing herself economically and socially. As well as like you say, @WTF Is This Nonsense, her little made up set of rules is internally incoherent. It just somehow seems so high school. And it is definitely that subculture thing of Making up Rules. And then telling people that they’re breaking them when there’s no way they could have known in advance what the rules were. As well as why the fuck should total strangers follow your personal rules?

      Oh and a question for anyone, does a definition of “genderqueer” actually exist? Or is whatever that’s supposed to mean just “fluid”? 😖

      PS the “no gender binary”, the vague language you can’t pin down plus the blythly ignored internal contradictions in this are exactly like Deconstruction (a bogus school of thought in philosophy) I learned about as a student in the 80s.

    • KgSch Says:

      “Good educate yourself” means that 2+2=5 or else.

      It’s also a euphemism for bullying really.

      Though I agree that she didn’t flip out quite as bad as a MTT would. The guy even apologized.

  19. Ruth Barrett Says:

    It is a great relief that the judge who rejected gender stereotypes based on a person’s sex hasn’t drunk the cool aid of the current debate that what a person believes they are must be believed by everyone. Sex and gender-identity are not equivalent, and this misunderstanding has resulted in a mess. Sex is in every cell of our bodies. No amount of hormones, surgeries, or “belief” that one can transcend this fact makes gender more real than the body. We must be able to have protected female spaces for many reasons. An individual’s belief that they are a different sex that who they are doesn’t make it real. Let’s abolish gender stereotypes so a female or male individual can just be the person they are without having to feel “wrong” due to culturally enforced gender stereotypes. Sex segregated spaces are needed and must be protected. Especially those for girls and women. Violence against female individuals is rampant, and we mustn’t be forced for have this safety removed when a person who is not female claims to be so because they think so.

  20. KgSch Says:

    I am glad this judge has a brain. Personally, I would have loved if I could have used a private-ish unisex bathroom in high school because high school bathrooms were nasty.

    I do feel kind of bad for this girl but at the same time I want to tell her to get the fuck over herself. Yes being a teen is hard, especially if she really is a lesbian, but there are plenty of lesbians who came from the same crappy (conservative Christian) environment who didn’t sell out by claiming that sex roles are totally legit and therefore they are male. Rejecting male-identified femininity doesn’t make you a male or masculine. Despite the name, femininity is a male invention that’s all about the ways men want women and girls to look and act. Rejecting it just means you aren’t obeying male rules.

    • Branjor Says:

      Gee, I wonder what the difference is between “him” and all those poor, oppressed, deserving trans “girls” who are allowed to use the girls’ bathroom? Do you have any idea, Gallus?/s

  21. GallusMag Says:


    A judge who repeatedly referred to a transgender student’s “mental disorder” should be removed from presiding over the teenager’s lawsuit challenging a policy that bars him from using the boys’ restrooms at his high school, his attorneys said in court papers Wednesday.

    Attorneys for 16-year-old Gavin Grimm also said U.S. District Judge Robert Doumar of Norfolk has made statements indicating he may be suspicious of modern medical science regarding gender identity and that he objected to lawyers publicizing their client’s transgender status.

    Doumar did not immediately respond to a telephone message from the The Associated Press.

    Grimm’s lawyers asked for a new judge in a 58-page brief asking the 4th U.S. Circuit Court of Appeals to reverse two key rulings in the case. Doumar refused to grant a preliminary injunction that would have allowed Grimm to use the boys’ bathrooms when the new school year started in September, and he threw out a claim that the policy violates federal sex discrimination law. He has not yet ruled on Grimm’s claim that the policy violates the U.S. Constitution’s equal protection clause.

    • Mortadella Says:

      The judge “…may be suspicious of modern medical science…”
      Seriously? There’s no science in trans theory. And yet lawyers protested “publicizing their client’s transgender status.”
      Err, mixed messages here. Yeah?

  22. Elle Driver Says:

    There was a ruling in Gavin’s case today.


    “[I]n the case of a transgender individual using a sex-segregated facility, the individual’s sex as male or female is to be generally determined by reference to the student’s gender identity,” Judge Henry Floyd wrote in Tuesday’s majority opinion.”

    • rheapdx1 Says:

      Is it just me…but have quote a few missed the police reports and news links about the creeps who have used those safe spaces and ruined Title IX in the name of being ‘fair to their identities’?

      Again not all act like this….but it is more common than we as a society want to admit. The ones doing this the right way…(and yeah….I am one of that small group that understands……RESPECT) are in a minority, which is tainted by association with the nefarious end.

      By the way…anyone notice that many of the cases brought like this seem to be for the ‘melanin deprived’? Just one of those items which shows the true mindset of those who want to act in a fair and humanistic vein.

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