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Discrimination of Biological Girls MUST Stop

Posted on Tuesday, December 20, 2022
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by AMAC, Robert B. Charles
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35 Comments
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The political and judicial “left” – self-proclaimed or self-evident opponents of traditional rule of law, self-determination, family, faith, or free markets – has gone nuts, now firmly aligning themselves against biological girls. A federal district and circuit court just turned Title IX on its head. This must stop.

High school girls (defined as biological females) in Connecticut, who were objectively deprived of the right to compete only against other biological females and – as a result – lost 17 track records and 15 championship titles to biological boys (self-described as transgender), brought legal action.

A federal district court effectively ignored their claim to equality, based on Title IX’s longstanding promise of equal treatment for school-age girls (originally biological girls) – and dismissed their suit.

By dismissing their suit on procedural grounds, the court let stand blatant, indefensible, illegal discrimination against biological girls. Ducking the hard question – actually simple at law – the court claimed the suit was “moot” since the boys (who won the records claiming to be girls) had “graduated.”

The federal court also said the biological girls lacked “standing” to sue, presumably because the court accepted the definition of the boys as transgender girls, or because the biological girls could not claim to have won records they were contesting, or because the competitions described excluded them.

The Second Circuit Court of Appeals then ducked the obvious question again, not accepting the biological girls’ claim of discrimination under Title IX’s express promise not to discriminate against them on the basis of sex, somehow buying into the mootness and standing arguments, and adding that they were just following a Supreme Court case, Bostock v. Clayton, decided in 2020.

Stay with me, here. That case involved Title VII, which generally bars discrimination on the basis of “race, color, religion, or sex” including “gender identity.”

Missing in all this are painfully obvious observations. First, these decisions about Title IX are a “zero sum game.” If courts, legislatures, or schools permit the “transgender” boy to compete against all biological girls, the result might be a net plus for the “transgender” boys, but is a net minus for all biological girls.

Put differently, you cannot make Title IX real for “transgender” boys without immediately stripping Title IX of its entire meaning when it comes to preventing discrimination against biological girls. 

The outrage – and need for course correction – comes from the fact that Title IX was designed to protect biological girls against having to compete against ANY boys, those who see themselves as “boys” or “girls.”

This is also why reliance on Title VII – a general non-discrimination law – is totally misplaced. The goal of Title VII is assure all are equally treated, which is not a “zero sum game.” Calling for all people to be treated fairly does not, in any definition, require affirmative discrimination against anyone.

But that is not under Title IX, not what Title IX is about, not what happens when you apply Title VII to a Title IX case. A court saying they will entitle a “transgender” boy to compete against biological girls, is an act of affirmative discrimination against all those biological girls. That will be true every time, which is why relying on the Bostock case was inappropriate.

But let’s get more obvious. If all courts reject cases for mootness and standing – by biological girls who say they were discriminated against by allowing biological boys to compete against them – the biological girls will never have a shot at a remedy.

Court cases always take time. Kids always graduate. Likely, “transgender” boys will always be gone by the time cases and appeals are decided. Girls will always lack standing if they lose or are deterred from competing. That is just a copout, a formula for institutionalizing discrimination against biological girls.

Perhaps the most obvious part of this utter injustice is that misguided, preoccupied, otherwise smart judges can twist themselves into pretzels – creating nonsense from logic, a complex justification, misreading, or misapplication of laws, definitions, or precedent which utterly confounds common sense, biology, precedent, purpose, original meaning, and all the other indicia of fairness.

What these judges have done, in the name of being big thinkers, progressive, open to leftist reinterpretations of basic laws – including the fundamental law of fairness – is to issue gobbledygook at and call it law, in the name of being “forward thinkers.”

Lots of things are up for debate in modern society, and lots of things should be debated. But whether a biological girl has a right – under Title IX, Equal Protection of the Constitution, or pursuant to what God gave her at birth – to fundamental fairness, a shot at achievement among her biological peers, should not be debatable.

What we have descended to is overt, unapologetic, gross, and morally indefensible discrimination against biological girls, for the stated purpose of anti-discrimination. Like so much of the left’s absurdity, this is Orwellian, like “freedom is slavery,” “ignorance is strength,” and “war is peace.” Add “discrimination is anti-discrimination.”

Bottom line: This madness must stop, as it has no basis in logic, law, morality, history, or any other pretense for defense. Anti-girl discrimination must stop. Political leaders need to say so, firmly, resolutely, loudly, legislatively, legally, and without delay. Every day that passes hurts girls, no excuse for that – none.  

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Michael J
Michael J
1 year ago

This pandoras box may have been opened when some girls sought to infiltrate predominantly male organizations such as the boy scouts or high school football. Perhaps not having the same activities afforded to the girls was the reason or that lack of opportunity to participate in boys only sports with no female equivalent. Men and women have always competed separately in Olympic competition. Men or boys who couldn’t cut it in their own divisions and this woke correctness by insanity has taken away any honor of a fair playing field. Professional sports would never allow this to happen, so why does this not apply to the amateur?
Equal opportunity doesn’t work if you’re comparing apples to oranges.

Johnny
Johnny
1 year ago

Although they claimed to be wise, they became Fools. Romans 1:22

William C Smith
William C Smith
1 year ago

Since lawmakers and some in the judiciary will not take honorable and sensible action against the travesty perpetrated against biological females, the girls must take the reins and contol the cart by girlcotting every event which permits non-biological organisms to compete in their athletic events. The young ladies, thier parents, supporters and sympathizers must unite, join together, publicize the offenise issues and refuse to participate in ridiculous competitions which permit feminized biological males to compete. For those on committees and panels who persist in this nonsense, work to eliminate them from their nobelized perches. This situation must be terminated in favor of the young ladies. The girlyboys can go form their own leagues, create competitions and discover if here is enough interest to create a supportive fan-base. If not, find something else to do.

Amacer
Amacer
1 year ago

All these ridiculous things will continue to happen as long as Democrats are in power. I hope the Supreme Court rules in favor of the plaintiffs in the Brunson v. Adams case this January, which will eliminate all the Democrats in Congress (and forbid them to run for office for the rest of their lives), including Joe Biden and Kamala Harris.

Jeri
Jeri
1 year ago

I am disgusted with women’s groups who are just allowing this to happen…and…they are allowing it to happen. They are poor, pathetic excuses for women. Schmucks, feckless dolts…zero respect.

Kay
Kay
1 year ago

GOD determines the sex of a boy and girl and if a transgender decides against this decree then they should be excluded from any participation benefiting them. Another socialist democrat decree changing people to destroy humanity

Peter
Peter
1 year ago

I’ve read that California is looking into reparations for African Americans. I think I’m going to identify as an African American going forward to make sure I get my check…

Art
Art
1 year ago

Where the Hxxx are the “WOMENS’ GROUPS” of the 60’s and onward with this garbage???????????
These guys are suffering from shrunken gonads. GO PLAY WITH BOYS/MEN. STOP BEATING YOUR SISTER!!!!!!!!!! Just think that this started with “Everybody gets a Trophy.” Even the IOC is wishy washy. WHAT A SAD SITUATION. GOODBYE TITLE XVIII.

Philip Hammersley
Philip Hammersley
1 year ago

“Feminists” are silent as women/girls are taken advantage of. Similarly, “civil rights” groups, like ACLU, are silent as phony J6 committee guts the Constitution and media billionaires, in collusion with the FBI, eviscerate the First Amendment!!

Tim Toroian
Tim Toroian
1 year ago

I still say we need a Kenyan marathon champion to call himself a woman and win a marathon by 3 or 4 miles so it can be proven that biological women cannot keep pace with men. If you don’t know the world record differences between men and women marathoners 15 or more minutes. At the speeds, the best of each run when the men get below 5 minutes a mile for the last few miles the differences increase even more. Men can do 26.2 miles in close to 2 hours. This is AVERAGING around 13 miles an hour. For further reference, a 4-minute mile is an average of 15 mph.

Aaf Schafer
Aaf Schafer
1 year ago

Another form of population control.

johnh
johnh
1 year ago

This war on biological females must be stopped! The Government & courts are wrecking everything that women have worked & competed for. And give some thoughts to girls that want to compete in high school boys sports & stop doing that also.

johnh
johnh
1 year ago

The Government is going to undermine & destroy every record by females in track & swimming. And that is not right or anywhere close to correct.

Rik
Rik
1 year ago

Today’s so-called Democratic Party is nothing more than crazy, whacked out Progressively Communist wannabe Looney Liberals! . . . I’m glad I “escaped” after Jackass Jimmy Carter’s Looney Tune administrator. Now they’re openly nuts in their behavior and beliefs.

David Millikan
David Millikan
1 year ago

Excellent article.
Girls must be girls and boys need to be boys.
Girls shouldn’t be afraid to show and be girls and grow up as women.
Boys must grow up to be men and this garbage of trying to eliminate boys from growing up to be men must stop.
In both instances, this attacking of boys and girls must stop.
It is doing terrible harm to them.

Michael
Michael
1 year ago

It seems to be the “in” thing to do. Boys can’t compete with other boys, so they get “changed” into girls. There is too much emphasis on sports in America. That’s where the “easy” money is. All athletes in this country are way over paid and under worked.

Marc Ziegler
Marc Ziegler
1 year ago

The unethical behavior of the liberal left morons would immediately stop if the girls in women’s sports would all just stop competing. I mean all of them. As I see it now, until a boycott happens this unfair completion will continue. Tell me this, what is the point of competing in a sport when the odd of winning are zero. It nothing more than a joke!!!!

nate
nate
1 year ago

Josephine Biden will be running in 2024 after a mysterious six month public absence.

David Millikan
David Millikan
1 year ago

And now Communist Stanford University wants to Eliminate the words MAN and AMERICAN.

DenvilleSr
DenvilleSr
1 year ago

All you have to know is that trans men are not competing against biological men because they are physically unable to do so.

Randall L. Beatty
Randall L. Beatty
1 year ago

These Trans boys if they think competing with girls and winning is right they know they are in the wrong and if they can hold there head up high what has this world come to. This is the fault of Biden and his VP and other Dems in Washington.

BAE
BAE
1 year ago

This is the fault of adults letting this happen. When did mothers stop protecting their daughters?

Robin W Boyd
Robin W Boyd
1 year ago

Progressives (Socialists/Communists) destroy traditional values as a way to control the masses. Creating total confusion as to even defining gender, Progressives reduce citizens to being undefined, even by gender. This is not a new ploy.

Michael Lewis
Michael Lewis
1 year ago

These judges have no judgement and should be judged! Speaking the truth in times of universal deceit is a revolutionary act and I am for revolting against these ignorant jurists.

Gary
Gary
1 year ago

” Discrimination of Biological Girls MUST Stop ” They are NOT ” BIOLOGICAL ” GIRLS , THEY ARE GIRLS , PERIOD ! A girl is a female human being who has not yet phycally completed her maturation to woman . A woman is a female human being who has completed here physical maturation to adult . Please , lets stop the nonsense . And , lets stop using these dopy adjectives .

johnh
johnh
1 year ago

The Taliban in Afghanistan this week ruled that girls cannot attend schools/universities …but okay for boys should serve as an example of discrimination against girls. I urge all Americans to stand up for the rights of girls to protect their athletic records & activities. They worked many hard years for these rights & do not allow a few bad apples to ruin this.

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