The ACLU just did something extraordinary. In an eye toward overturning laws in Kentucky and Tennessee that prohibited gender drugs or surgery for children, they grabbed the LGBT narrative by its meaningless genitals and twisted.
But the Court didn’t scream the way they expected.
You can wander the “ruling” weeds here if that’s your thing, and more is divulged here, but I’d like to focus on two critical points that cut the hairy legs out from under the noise machine of the transgender agenda.
The gender spectrum is not just a spectrum. It is a moving target. Chapter and verse profess to us that anyone can be anywhere on that spectrum at any time. Gender is not fixed. This argument undermines the previous cornerstone of gender hijinks: I was born that way. The latter confirms that sex parts matter – you are, after all, born that way, while the former affirms that everything else is in your head space – a mental health issue.
In defending the right of parents to mutilate children or give them dangerous drugs that could kill them, the ACLU insisted that Transgender status is immutable, like skin color. The Court said, wait just one damn minute.
Citations removed.
To establish a new classification, plaintiffs must show that transgender individuals “exhibit obvious, immutable, or distinguishing characteristics that define them as a discrete group.” It is difficult to see, at least at this stage of the case, how transgender identity fits that description. Unlike existing suspect classes, transgender identity is not “definitively ascertainable at the moment of birth.” It is not necessarily immutable, as the stories of “detransitioners” indicate and as plaintiffs do not dispute. Instead of defining a “discrete group,” “transgender” can describe “a huge variety of gender identities and expressions.”
11/ The ACLU also attempted to argue that transgender status is “immutable,” like being born with a certain skin color. But the Sixth Circuit observed that the meaning of “transgender” status is constantly changing. Every day there’s a new gender. pic.twitter.com/IY8lS3SZKq
— Matt Walsh (@MattWalshBlog) September 29, 2023
The only thing special about it is how it cannot be classified as immutable.
The second of those things I wanted to point out related to parental rights. You may have heard. Parents don’t have any. Ask a school board, Teacher’s Union Boss, one of their dues-paying flunkies, or the United States Attorney General. Efforts to define rights are hills to die on for Gender Cultists and their abettors in the Democrat party. Thou shalt not legislate parental rights.
The ACUL, in arguing against the laws in Tennessee and Kentucky passed to protect children from their parents – the same thing the Gender cult says we need – insisted the opposite.
[T]he Sixth Circuit wasn’t done. They also ripped apart the familiar argument that parents should be allowed to do whatever they want with their kids,” he said. “As the Sixth Circuit pointed out, that’s completely illogical. You have to look specifically at what parents are doing to their children. Being a parent doesn’t give you the right to mutilate your child.”
The ACLU and the Gender Cult want you to believe that parents have no rights unless you mean mutilating children. Not just any mutilation. A very specific, politically driven one. There is no right to have fingers removed, or perhaps an ear, but breasts or penis? As for drugs, no parent may encourage the prescribing or use of drugs ill-suited to children, but hormone blockers, which are unapproved and have dangerous side effects, including death, should be protected.
To say yes to either argument would be to legalize Munchausen Syndrome by proxy, which, as I observed back in 2019, meant that,
That these parents got the added benefit of defending their child from the discrimination they’d never have faced were it not for the parent. It’s like a Munchausen Syndrome by Proxy double-tap. You not only created a condition in your child to feed off them like a psychological lamprey, but you get the added bonus of ranting about how unfair the world is to the child re-gendered.
A US Circuit court has determined that the ACLU’s arguments are contradictory and, in doing so, undermined a cornerstone of the gender cults foundation, not that they could ever have one. I mean, what is a cornerstone anyway? And what if it doesn’t want to identify as a stone or a corner?
Jeesh.
HT | Daily Wire