Gloucester County School Board v. G.G.

Michael Harless Administrative Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a school board whose policy is that students should use the bathroom associated with their fixed biological sex, rather than the one that corresponds to their subjective “gender identity.”

The Obama Administration’s Department of Education had joined the lawsuit in support of a troubled young woman who thinks that she “is” a man, and who demanded to use the boy’s bathroom at her school.

As our brief pointed out, the lower court deferred to the Department of Education which redefined “sex” (male or female) to mean “gender identity,” which is a fluid and evolving 21st Century concept known that is determined by how one feels about himself at any given time.  This, we argued, is both radical and irrational. It rejects and repudiates the created order and the combined wisdom of the ages that sex is binary and fixed.

Transgenderism, we noted, is a dangerous delusion.  It does not exist. It is a made-up word for a made-up world. No one can change one’s biological sex, no matter how many surgeries one undergoes or how many drugs one takes.  At best, physiological changes from “sex reassignment surgery” or “hormone replacement therapy” give only the appearance of something, but they are not reality — they are simply a mask.

Our brief also noted that, if legitimized as a health condition rather than a mental disorder, “transgenderism” is only the tip of the “trans” iceberg.   Indeed, already this country has seen people who “identify” as a different race (transracial), people who “identify” as a different species (otherkin), people who “identify” as cartoon characters (otakukin), healthy people who “identify” as disabled (transabled).  If you open the door to legitimize and celebrate one mental illness, why not let loose the floodgates to all of them?

Link to brief