February 23, 2017
The Obama administration’s ‘Guidance’ had eliminated the protected legal category of ‘sex’ and replaced it with an individual’s personal identification with the sex role stereotypes culturally assigned based on sex, called ‘Gender Identity’.
Adherents of the ‘Gender Identity’ movement believe that biological sex, and therefore sex-based discrimination, does not exist and that instead, sex-role stereotypes need to be legally enforced, supported, and protected. By eliminating sex as a recognized category the Obama era “Guidance’ allowed male students to occupy formerly protected female showers, locker rooms, and bathrooms, and eliminated the rights of female students to privacy from males in those spaces.
Gavin Grimm, the high school senior whose Title IX lawsuit is scheduled to be heard by the Supreme Court in March, described in a 2016 essay how years of sexism, bullying, and homophobia led to her adopting a belief in ‘Gender Identity’:
“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.
I found out about the word “transgender” when I was watching YouTube. I clicked on somebody’s video, and he looked like a girl. Then, I watched another video from, like, two years later — he was a dude! And, you know, I was 12 and thinking, Holy crap. What did he just do? I want to do it!
By the time I was 13, I started questioning things that the Christian Bible considered “sinful.” My body was betraying me more and more, the older I got. It was a horrifying experience — one that I wouldn’t wish on my worst enemy. There’s nothing that I can think of that compares to the emotional and mental anguish. I was bullied a lot for being masculine and for being perceived as a lesbian. I was chubby and I was different. It was a cacophany of bad.
That’s when I finally revisited the idea that maybe male vs. female wasn’t all there was to it. I actually came across a scientific study showing differences in the brains of cis males and trans females — despite both being born with “male” bodies. I thought, Wow, maybe I’m not crazy.”
‘Gender Identity’ doctrine reframes the cultural issue of sexism and misogyny as an individual, personal, medical adjustment issue which eliminates the ability to meaningfully critique or politically address the male supremacist power structure of sex-roles themselves. ‘Gender Identity’ eliminates sex as a recognized category while codifying the roles.
The text of yesterday’s letter withdrawing the Obama administration ‘Gender Identity’ Guidance is as follows in bold:
U.S. Department of Justice
Civil Rights Division
U.S. Department of Education
Office for Civil Rights
February 22, 2017
The purpose of this guidance is to inform you that the Department of Justice and the Department of Education are withdrawing the statements of policy and guidance reflected in:
- Letter to Emily Prince from James A. Ferg-Cadima, Acting Deputy Assistant Secretary for Policy, Office for Civil Rights at the Department of Education dated January 7, 2015; and
- Dear Colleague Letter on Transgender Students jointly issued by the Civil Rights Division of the Department of Justice and the Department of Education dated May 13, 2016.
These guidance documents take the position that the prohibitions on discrimination “on the basis of sex” in Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681 et seq., and its implementing regulations, see, e.g., 34 C.F.R. § 106.33, require access to sex-segregated facilities based on gender identity. These guidance documents do not, however, contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal public process.
This interpretation has given rise to significant litigation regarding school restrooms and locker rooms. The U.S. Court of Appeals for the Fourth Circuit concluded that the term “sex” in the regulations is ambiguous and deferred to what the court characterized as the “novel” interpretation advanced in the guidance. By contrast, a federal district court in Texas held that the term “sex” unambiguously refers to biological sex and that, in any event, the guidance was “legislative and substantive” and thus formal rulemaking should have occurred prior to the adoption of any such policy. In August of 2016, the Texas court preliminarily enjoined enforcement of the interpretation, and that nationwide injunction has not been overturned.
In addition, the Departments believe that, in this context, there must be due regard for the primary role of the States and local school districts in establishing educational policy.
In these circumstances, the Department of Education and the Department of Justice have decided to withdraw and rescind the above-referenced guidance documents in order to further and more completely consider the legal issues involved. The Departments thus will not rely on the views expressed within them.
Please note that this withdrawal of these guidance documents does not leave students without protections from discrimination, bullying, or harassment. All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment. The Department of Education Office for Civil Rights will continue its duty under law to hear all claims of discrimination and will explore every appropriate opportunity to protect all students and to encourage civility in our classrooms. The Department of Education and the Department of Justice are committed to the application of Title IX and other federal laws to ensure such protection.
This guidance does not add requirements to applicable law. If you have questions or are interested in commenting on this letter, please contact the Department of Education at email@example.com or 800-421-3481 (TDD: 800-877-8339); or the Department of Justice at firstname.lastname@example.org or 877-292-3804 (TTY: 800- 514-0383).
/s/ Sandra Battle
Acting Assistant Secretary for Civil Rights U.S. Department of Education
T.E. Wheeler, II
Acting Assistant Attorney General for Civil Rights U.S. Department of Justice
October 28, 2016
October 6, 2016
September 25, 2016
By Dr. Kelly Winters, Ph.D., member of the International Advisory Panel for the World Professional Association for Transgender Health (WPATH) Standards of Care:
WPATH: clarify and correct the childhood “desistance” myth statement in the SOC7
WPATH: Issue a public policy statement discrediting the practice of gender-conversion psychotherapies that is consistent with the SOC7
APA: clarify and correct the childhood “desistance” myth statement in the DSM-5
APA: remove “Transvestic Disorder” category from the DSM-5
WHO: initiate substantive conversation on converging the Adult/Adolescent Gender Incongruence categories in the proposed ICD-11 with the childhood category to refute the historical stereotype of childhood gender “confusion” and practice of gender conversion psychotherapies
US Dept. of HHS: align transition related categories in ICD-10-CM to ICD-11 in 2018
US Dept. of HHS/CMS: issue a National Coverage Determination for surgical transition care that is recognized as medically necessary by US and international medical authorities
From here: https://gidreform.wordpress.com/2016/09/19/gender-madness-in-psycho-politics-transgender-children-under-fire/
September 21, 2016
The Department of Housing and Urban Development joined other Obama agencies Tuesday in ruling that ‘Gender Identity’ determines reproductive biology and overrides Title IX sex-based protections for women and girls in homeless shelters. The department defines Gender Identity as “the gender with which a person identifies, regardless of the sex assigned to that person at birth and regardless of the person’s perceived gender identity.” [p70]
The ruling allows any male to access female sleeping quarters, showers, and restrooms on the basis of self-declared ‘Gender Identity’. Questioning such a declaration on any basis is ruled as discriminatory and women’s rational need for privacy and safety from male violence is dismissed as “unsubstantiated fears” [p52].
The rule explicitly forbids requesting evidence of a “transition”, including duration, consistency, or sincerity of belief in declared ‘Gender Identity’. There is no provision to address men who may assert ‘Gender Identity’ for an improper purpose:
“HUD also revises paragraph (b) to add a provision that the policies and procedures must ensure that individuals are not subjected to intrusive questioning or asked to provide anatomical information or documentary, physical, or medical evidence of the individual’s gender identity.”[p13]
HUD disregards with a handwave the rationale for protection of female privacy and safety against male violence behind the Congress’s Title IX provision for sex-segregation in areas of public nudity:
“Contrary to the public comment that suggests what Congress’s intent was in creating single-sex facilities, HUD does not opine on Congress’s intent behind permitting single-sex facilities, but does make clear in this rule that, for purposes of determining placement in a single-sex facility, placement should be made consistent with an individual’s gender identity. This rule does not attempt to interpret or define sex.” [p30]
Yet the HUD ruling does re-define legal sex -as a characteristic on par with sex-stereotypes of “appearance, behavior, expression”- falling under the newly invented federal category of “Perceived Gender Identity”:
“Perceived gender identity means the gender with which a person is perceived to identify based on that person’s appearance, behavior, expression, other gender related characteristics, or sex assigned to the individual at birth or identified in documents.” [p70]
The ruling itself re-defines ‘sex’ as a component of ‘Perceived Gender Identity’ but the agency also defines ‘Gender Identity’ as a “component of sex’ in its response to public comment:
“In response to the comment with regard to this rule’s impact on a “legal sex category,” this rule does not provide a definition of “woman” or “sex.” In this rule, HUD notes that gender identity—and whether a person identifies with their sex assigned at birth or not—is a component of sex.” [p45]
HUD cites the Title IX re-interpretation of other Obama appointed agencies (which call for the elimination of sex as a protected category) as precedent for Tuesday’s ruling, making no mention of the current legal challenges to this very interpretation by 23 states and various private litigants:
“Consistent with the approach taken by other Federal agencies, HUD has determined that the most appropriate way for shelter staff to determine an individual’s gender identity for purposes of a placement decision is to rely on the individual’s self-identification of gender identity.” [p39]
HUD cites various internet surveys as evidence that males with ‘Gender Identities’ are at greater risk of harassment and violence than women and girls. Therefore HUD rules that women and girls must be forced by the state to sacrifice their own safety and absorb the risk from males who prefer sleeping and bathing among women. HUD addresses the safety concerns of individuals with ‘Gender Identities’ extensively, including those who ‘identify as’ having no reproductive biology at all:
“In circumstances where an individual does not identify as male or female and such information is relevant to placement and accommodation, the individual should be asked the gender with which the individual most closely identifies. In these circumstances, the individual is in the best position to specify the more appropriate gender-based placement as well as the placement that is most likely to be the safest for the individual—either placement with males or placement with females.” [p48]
Yet HUD completely disregards voluminous FBI, CDC, and other forensic documentation of epidemic sex-based violence against women committed by males as “beyond the scope” of the ruling, wrapping up their dismissal with a version of the classic ‘but women rape too!’:
“HUD’s rule requires that individuals be accommodated in accordance with their gender identity. It is beyond the scope of this rule to detail methods for best serving victims of domestic violence, dating violence, sexual assault, or stalking. However, as discussed earlier, this final rule requires that providers must take nondiscriminatory steps that may be necessary and appropriate to address privacy concerns raised by all residents or occupants. HUD notes that both victims and perpetrators of domestic violence and other VAWA crimes include persons who are transgender or gender nonconforming individuals and persons who are not”. [p58]
HUD fully expects violence, (which it calls “physical harassment”) to occur between homeless women and the males placed in female sleeping and bathing areas as a result of this ruling:
“If some occupants initially present concerns about transgender or gender nonconforming occupants to project staff and managers, staff should treat those concerns as opportunities to educate and refocus the occupants. HUD recognizes that, even then, conflicts may persist and complaints may escalate to verbal or physical harassment. In these situations, providers should have policies and procedures in place to support residents and staff in addressing and resolving conflicts that escalate to harassment.”[p17]
Strangely, although statistics show that female stranger violence against males is an infinitesimal probability compared to the reverse, the Federal Department of Housing and Urban Development is, yet again, solely concerned with the former- the issue of women’s protection from male violence being “beyond the scope” of the Obama administration’s mandate to eliminate sex-based protections for women.
Read the full HUD decision here:
September 17, 2016
Meet Julia Cushion, your new Westminster UK ‘Outreach and Engagement Officer’ for Parliament’s Department of Information. She can’t tell you what she thinks about politics, except that she thinks Lesbians and Feminists are “awful people” for wanting representation in policy that effects us. Good Luck Westminster lesbians and feminists!
Your ‘Outreach and Engagement Officer’ thinks you – and every feminist ally with concerns about over-broad “Gender Identity” statutes, the legal codification of sex stereotypes, the elimination of lesbian rights to lesbian spaces, and the medicalization of gender non-compliance in children (among other issues) are “awful people”. She wants you to know it so I’m reblogging her post here. Do make a note of it.
Link to events she describes in her post : http://www.gaystarnews.com/article/trans-people-uk-government/#gs.hUn59Ik
*UPDATE- Gosh. Officer Cushion appears to have taken her post offline.
I find this interesting. In her post of September 2, Ms. Julia Cushion describes her new position as Outreach and Engagement Officer for Westminster. She explains that a condition of her Parliamentary service is that she must remain apolitical. See screencap here:
Yet on September 17, she writes a post describing the brilliant lesbian and Women’s Rights activists, authors, and educators who spoke at the Women’s Equality forum, including the renowned Lesbian Feminist author and professor Sheila Jeffreys, as “awful people” because Ms. Julia Cushion is against lesbian and women’s rights to representation.
Not only are lesbian and feminist politics “awful” to Ms. Cushion, but we are “awful people” entirely. See Julia Cushion’s relevant statements here:
Now, I’m not going to call Julia Cushion an “awful person” for sharing her homophobic and misogynist views. Clearly she is a completely uninformed about the issues as she admits herself. She knows nothing about transgender people, lesbians or feminism.
That someone so completely clueless might lunge clumsily and publicly in defense of a politics they’ve never deeply considered is not unique.
What I find interesting is that Ms. Cushion believes that lesbian and feminist concerns are so maligned that publicly bashing lesbians and feminists as “awful people” is a position safe to take- even for an individual whose government position is conditioned on impartiality. The hatred of lesbians and feminists expressed by Ms. Cushion- not just politically, but as people, is remarkable.