Friday, February 14, 2020

Let Them Compete!

“…the simple fact is that everyone should have the opportunity to compete in high school athletics.”
Generic girls track photo not including any subjects of this post
courtesy of Burlington Free Press
The headline at Fox News reads: “Conn. high school girls file lawsuit arguing that allowing transgender athletes to compete is sex discrimination.”. The case is captioned: Soule v. Connecticut Association of Schools, Inc. This is just the latest demonstration of transphobia.

The three girls; Selina Soule, Chelsea Mitchell and Alanna Smith; are represented by a local attorney (Howard M. Wood, III) but the real driver is Alliance Defending Freedom, an anti-LGBTQ hate group. According to the complaint filed Wednesday:
Unfortunately for Plaintiffs and other girls in Connecticut, those dreams and goals—those opportunities for participation, recruitment, and scholarships—are now being directly and negatively impacted by a new policy that is permitting boys who are male in every biological respect to compete in girls’ athletic competitions if they claim a female gender identity.
That is factually incorrect and also misleading. Transgender girls at that age are likely taking cross-sex hormones which greatly reduce testosterone production. These are not boys who wake up one morning and decide “today I will be a girl.”

The complaint is also misleading because it is not about boys who “claim to have a female gender identity.” These are transgender girls who have been diagnosed with acute gender dysphoria.

In all likelihood, they took puberty blockers as they entered puberty and then cross-sex hormones for which the diagnosis is required.

Throughout the complaint, ADF implies that boys are “claiming a female identity” in order to have a competitive advantage. No adolescent would ever gratuitously claim to be transgender.

If — if — a boy did not have an established social transition over time and was not medicated then the three girls would have a valid complaint. However, that is not the case.

A footnote in the paragraph quoted above reads:
Because Title IX focuses on equal opportunities between the sexes, because this Complaint is precisely concerned with effects of biological differences between males and females, because the terms “boys” and “men” are commonly understood to refer to males, and to avoid otherwise inevitable confusion, we refer in this complaint to athletes who are biologically male as “boys” or “men,” and to athletes who are biologically female as “girls” or “women.” …
They could eliminate confusion by simply referring to the teens as transgender girls. Alliance Defending Freedom will never do that.

ADF routinely refuses to accept the concept of a trans person. Rather, it is the above gibberish or something along the lines of “a boy who claims to be a girl.” ADF will never convey humanity onto a transgender person.

Instead ADF intentionally misgenders transgender people because ADF is compelled to demonstrate their disapproval.

  The judge assigned to this case is Robert N. Chatigny, a Clinton appointee. In 2010 Obama nominated Chatigny for a seat on the Second Circuit Court of Appeals. McConnell managed to frustrate his confirmation. Chatigny is a graduate of Brown and then Georgetown Law. Only 16 of his roughly 440 rulings have been reversed.

Will the judge buy this BS?
This reality is discrimination against girls that directly violates the requirements of Title IX: “Treating girls differently regarding a matter so fundamental to the experience of sports—the chance to be champions—is inconsistent with Title IX’s mandate of equal opportunity for both sexes.”
According to mainstream social and medical science a transgender female is, for all intents and purposes, a female. Claiming that the plaintiffs have been discriminated against seems very convoluted. But I am not an attorney.

Chase Strangio is a very gifted attorney with the ACLU. According to him:
The purpose of high school athletics is to support inclusion, build social connection and teamwork, and help all students thrive and grow. Efforts to undermine Title IX by claiming it doesn’t apply to a subset of girls will ultimately hurt all students and compromise the work of ending the long legacy of sex discrimination in sports.
According to student athlete Terry Miller:
I have faced discrimination in every aspect of my life and I no longer want to remain silent. I am a girl and I am a runner. I participate in athletics just like my peers to excel, find community, and meaning in my life. It is both unfair and painful that my victories have to be attacked and my hard work ignored.
[…]
it contributes to the horrible pain and discrimination that my community faces. The more we are told that we don’t belong and should be ashamed of who we are, the fewer opportunities we have to participate in sports at all.
The complaint goes on at considerable length to assert that men have an athletic advantage over women. That is true but nowhere have they conceded that those advantages are diminished by puberty blockers and cross-sex hormones.

Then they document the results of competitions where one or two of the trans girls win the race. ADF is essentially saying: “They won. Ergo they have an unfair advantage.” That exhibits the confusion between causation and correlation.

The winners might simply train harder, energized by the extent to which they are socially marginalized. The winner might simply be more motivated due to the persecution that they suffer.

I assume that we are going to see a great deal of expert testimony in this case. Nevertheless, the simple fact is that everyone should have the opportunity to compete in high school athletics. Forcing these girls to compete as boys in order to participate would be profoundly unfair.

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