Gender Identity. (Artist unknown)

Gender Identity. (Artist unknown)

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.”

 

[sic]

http://www.refinery29.com/transgender-teen-aclu-bathroom-lawsuit

 

‘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.

Gender Identity. (image: London Science Museum)

Gender Identity. (image: London Science Museum)

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

Dear Colleague:

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 ocr@ed.gov or 800-421-3481 (TDD: 800-877-8339); or the Department of Justice at education@usdoj.gov or 877-292-3804 (TTY: 800- 514-0383).

Sincerely,

/s/ Sandra Battle

Acting Assistant Secretary for Civil Rights U.S. Department of Education

/s/
T.E. Wheeler, II

Acting Assistant Attorney General for Civil Rights U.S. Department of Justice

 

 

giphy

When GenderTrender was born six years (!) ago, I wasn’t sure if the day would ever come when members of the general public would be informed about the problem for women and girls created by ‘Gender Identity’.

Not because the issue is complex, but because ‘Gender Identity’ is an anti-feminist and homophobic men’s rights construct, and as such is backed by all the institutional power and violence of the male establishment. Merely asking questions or discussing the issue resulted in a deluge of death threats, harassment, and what can only be described as terrorism of the women who did so. And the censorship. Oh lord, the censorship.

Yet we persisted in the hard (and sometimes tedious) work of speaking, teaching, writing, tweeting, posting, commenting, educating, and otherwise consciousness raising.

There was no funding, no backing, no institutional support, no sponsors, no media, no celebrity spokespersons, no advertising campaign. Just us. Just women (and a few men!) working together. Lighting one lamp, then another, and another, and another.

"And she told two friends, and so on" Shampoo advert

“And she told two friends, and so on” Shampoo advert

So I’m amazed and delighted when I see something like this: the fabulous AdLand’s article critiquing the (Oscar-nominated director!) Richard Linklater’s advertising campaign for ACLU Texas, designed by the guys at Austin’s GSD&M ad agency to promote ‘Gender Identity’. In truth, I LAUGHED MY ASS OFF! LOLOLOLOL

It is so damned refreshing.

Refreshing!

Refreshing!

Read AdLand’s informed and lucid smack-down, and snicker at Linklater’s ‘Midnight Movie’ worthy ad campaign “I Pee With LGBT” (Hahaha! LOLOLOL!!!!!!!!!!) here:

https://adland.tv/commercials/aclu-tx-taking-seat-making-stand-2017-60-usa

Enjoy! And keep up the good work! ❤

lightbulb

 

Maya Dillard Smith, the head of the Georgia chapter of the American Civil Liberties Union (ACLU) has stepped down, citing the legal non-profit’s deliberate disregard for the impact on the rights of women and girls caused by the “Gender Identity” platform of the transgender rights movement.

From the Atlanta Progressive News:

[ http://atlantaprogressivenews.com/2016/05/29/georgia-aclu-director-departs-over-transgender-litigation/

“In a statement she accused the ACLU of being “a special interest organization that promotes not all, but certain progressive rights.  In that way, it is a special interest organization not unlike the conservative right, which creates a hierarchy of rights based on who is funding the organization’s lobbying activities.”

Dillard Smith argues that transgender rights have “intersectionality with other competing rights, particularly the implications for women’s rights.”

“I have shared my personal experience of having taken my elementary school age daughters into a women’s restroom when shortly after three transgender young adults over six feet with deep voices entered,” she writes.

“My children were visibly frightened, concerned about their safety and left asking lots of questions for which I, like many parents, was ill-prepared to answer,” she said.

“Despite additional learning I still have to do, I believe there are solutions that can provide accommodations for transgender people and balance the need to ensure women and girls are safe from those who might have malicious intent,” she said.

“I understood it to be the ACLU’s goal to delicately balance competing rights to ensure that any infringements are narrowly tailored, that they do not create a hierarchy of rights, and that we are mindful of unintended consequences,” she said.

“Thus, I found myself principally and philosophically unaligned with the organization,” she wrote.”

Maya Dillard Smith has a Masters in Public Policy from Harvard University and a Law degree from UC Hastings. She has worked for the US Court of Appeals for the 9th Circuit and also for the California Supreme Court. She served two terms as the senate-appointed head of the rules committee of the California Commission on Judicial Performance and was founding chair and elected chair of the City of Oakland’s Violence Prevention and Public Safety (Measure Y) Oversight Committee for five years.

She is now founding a new organization called ‘Finding Middle Ground’ which launched their new website ‘Finding Middle Ground: A safe space to dialogue about complex contemporary civil rights issues’ here: http://www.findingmiddleground.org/

The site launched with the above video and a contact/comment form.

Cheryl Courtney-Evans, the founder of Georgia transgender group TILTT (Transgender Individuals Living Their Truth) was quoted by the Atlanta Progressive News stating: “She did the right thing leaving the organization. If she couldn’t defend our rights any better than that, she deserves to leave – she doesn’t need to be in that position.”

He goes on to say “I never went in a men’s room since I’ve been living my truth.  What am I doing in a men’s room looking as luscious as I am, putting myself in danger?” (It’s unclear if he used single-sex facilities designated for women during the period which he describes in interviews as detransitioning to attend college in ‘man mode’.)

In a reaction post on his website: [http://www.abitchforjustice.com/2016/05/and-she-stepped-down-for-what.html]  he refers to the black female civil-rights attorney as “lazy”, “uneducated”, and “a bitch”. Courtney-Evans also claims that no man in history has ever harmed another human being while “dressed as women”, stating:

“Perhaps someone should hep this biotch to the fact that THERE HAVE BEEN NO DOCUMENTED INSTANCES OF TRANSGENDER MOLESTATION, ATTACK OR IMPROPER APPROACH IN ANY LADIES’ ROOM ANYWHERE (even though there have been NUMEROUS reports that have made the news regarding cis-identified men raping/attacking women/girls/boys in areas that they have been allowed in, and NONE OF THEM WERE DRESSED AS WOMEN when they did)!!!!  I invite ANYONE to post a documented contradiction to this!!!”

[sic]

He also states that gender neutral or family facilities that are not designated for single-sex use “mark” their users “as the Star Of David marked Jewish people in Nazi Germany”:

“And while you’re thinking you’re doing a positive thing by advocating for “alternative facilities” for trans*folks, think again…you’re creating even more numerous opportunities for trans*aggressions and bashing because you’re marking those individuals who use them every bit as effectively as the Star Of David marked Jewish people in Nazi Germany (THINK about it) when possible perpetrators see them go in.”

GenderTrender requested that Courtney-Evans clarify his statements. He did not respond in time for publication.

generic-locker-room-gym

YMCA of Pierce and Kitsap county in Washington State has rolled back their transgender open locker room policy, which had allowed access to opposite sex locker rooms, showers, and restrooms to members who had proclaimed a belief that they are “mentally” the opposite sex. The changes came about after a mother and YMCA volunteer went to the press and exposed the risks to children, and potential liability for the non-profit, that the former policy created.

From MyNorthWest.com:

“Following complaints from the public, Bob Ecklund, President and CEO of the YMCA of Pierce and Kitsap county, issued a statement Oct. 5 saying the organization is modifying the policy for transgender individuals in locker rooms and restrooms in “family facilities.” Ecklund said the change was to ensure youth are not exposed to the opposite sex in their locker room.

Ecklund said the new policy states that “transgender members in transition will use private locker rooms for dressing and showering. Transgender members may use standalone restrooms that align with their gender identification. The change applies to: Gordon Family YMCA, Mel Korum Family YMCA, Lakewood Family YMCA, Morgan Family YMCA, Tom Taylor Family YMCA, Bremerton Family YMCA, Haselwood Family YMCA.

For locker rooms at “adult facilities,” transgender members may use locker rooms and restrooms that align with their gender identification. That applies to Tacoma Center YMCA and University Y Student Center.

“We understand transgender individuals who are in transition often face a dilemma on where to change and shower, and the Y strives to be a place to be safe and inclusive of everyone in our care,” Ecklund wrote.

“I want to emphasize this narrow revision of the policy is focused on dressing and showering spaces only, as they are the most sensitive spaces in our facility, especially as it relates to children.”

Ecklund noted that as a nonprofit in Washington State, YMCAs are both “employers” and “places of public accommodation,” and that they are required to comply with all laws regulating employers and places of public accommodations.

“Washington State recognizes transgender rights and prohibits discrimination on the basis of sexual orientation, which includes gender identity,” Ecklund wrote. “We believe we are both following the law and accommodating our diverse groups of members. We also note this is an evolving area of the law, and we will continue to stay tuned to updates from Washington State.”

Read the whole story, which is very interesting and well-reported by journalist Eric Mandel here:

http://mynorthwest.com/11/2821751/YMCA-changes-policy-based-on-complaints-over-transgender-locker-rooms

transgender