It's worth noting that while much of the country is still analyzing President-elect Donald Trump's remarkable comeback, Democratic leadership was busy celebrating the birth of its first transgender Congressman.
Congresswoman Pramila Jayapal (D-Washington State) led the wayblamed a colleague who refused to see the gender dysphoria under every bed.
in USA vs. ScumettiJudges will decide whether Tennessee's ban on minors obtaining puberty-blocking drugs, hormone therapy, and sex-reassignment surgery violates the Equal Protection Clause of the Fourteenth Amendment. Become.
Biden's Attorney General are discussing The state discriminates by not allowing gender reassignment treatment to people under the age of 18.
of equal protection clause It was adopted after the Civil War to eliminate racial discrimination. So how did we get from there to puberty blockers, puberty surgery, and boys in girls' bathrooms?
Law follows culture, which has also turned its back on 2,000 years of Western civilization. No one wants to go there, but I'm going.
I've written about it before A subject whose name I dare not sayWorth repeating. If we can redefine marriage, we can also redefine gender. Politicians don't want to admit it, but that's because after years of indoctrination, same-sex marriage is polling well. But as the saying goes, going against the polls is the difference between a politician and a politician.
For theologians, marriage is an ethical obligation. For politicians, it's a reality. Beyond its moral responsibility to raise children in the most favorable conditions, society benefits traditional marriage in order to subsidize procreation and its by-products, culture and nation.
The importance of family cannot be overstated. It tames all but the most irresponsible, because the point quickly comes that nothing is more important to parents than their children. It perpetuates and civilizes society.
It's another thing for an isolated individual to treat the promise bluntly. If public policy were to do so, it would lead to social decline. There is no substitute for marriage and childbirth. Whether it's bigamy, polygamy, or state-sanctioned same-sex marriage.
Heather may have two mothers, but no father. Don't worry, we've redefined family too.
In fact, the Supreme Court, led by two Republican-appointed justices, has issued several fundamental decisions in family and employment law that led to the challenges now faced in the Tennessee case. Ta.
in Obergefell v. HodgesJustice Anthony Kennedy dominated States must recognize same-sex marriages on the basis of “the private sphere of family life, which is off limits to the state.”” — a ridiculous point considering that's exactly what he was doing. After all, it was the state that gave traditional families legal immunity.
Kennedy has been down this slippery slope before, claiming: Pennsylvania vs. Casey“At the heart of freedom is the right to define one's own concept of existence, meaning, the universe, and the mysteries of human life.”
It's no wonder, then, that Kennedy continues to read what he wants into the 14th Amendment's “due process” and “equal protection” clauses, overturning states' longstanding police powers over family law and marriage. It was.
Gay Americans have basic rights like everyone else, including the right to associate with whomever they wish. Being denied the privilege of marriage does not diminish their value any more than it does for heterosexuals who happen to be bigamists.
For example, “progressive” tax laws treat people differently depending on their income, but everyone in a higher tax bracket pays the same tax rate, regardless of race or gender. The smoking ban “discriminates” against smokers, but all smokers, black or white, male or female, must do so outdoors.
Lawmakers regulate all kinds of behavior, so states can change their marriage laws if they fear being vilified by trolls. But there is no constitutional provision for activist federal judges to force same-sex marriage (or any kind).
If federalism has any meaning, Obergefell should suffer the same fate as Law.
you should Bostock v. Clayton County (2020), the author of the majority opinion, liberal icon Neil Gorsuch, appeared to remain conspicuously silent during oral argument at Scrumetti. last week. Recall that Justice Gorsuch, along with liberal justices, ruled that gender identity is protected under employment law and that “terminating an employee who adopts a transgender identity constitutes sex discrimination.”
However, as the virulent opponents in Bostock pointed out, the workplace regulations did not discriminate on the basis of gender, but rather, for lack of a better explanation, prohibited cross-dressing in the office regardless of gender.
The Biden administration was quick to pounce on this strange precedent, rewriting Title IX to put the burden of proof on schools to show how transgender male athletes in women's sports endanger the physical health of young women. “We did not require students to submit to invasive medical procedures,” and the “inquiries and burdensome documentation requests” would “impose more than minimal harm.”
This was such an arbitrary standard that it would have been nearly impossible for schools to prevent boys who decided to “identify” as the opposite sex from accessing the girls' locker room.
Several states protested, and the high court ultimately upheld the lower court's injunction and upheld the rule because Bostock applied it selectively to employment law. The court's decision in Scumetti affects a wider range of circumstances, so parsing the precedent may not be as easy this time.
If the court's opinion dares to suggest that prohibiting “gender-affirming” treatment of minors constitutes discrimination on the basis of sex, the practical implications are that whether in the bathroom, in the locker room, or in sports, The distinction between men and women would clearly be abolished.
If it's discrimination to say that boys and girls can't take sex-changing hormones, then it's just as discriminatory to say that boys (or girls) can't take showers of their own choosing. I can see where this is going.
And you can thank Mr. Kennedy and Mr. Gorsuch for creating this legal mess.
Former Rep. Jason Lewis (R-Minnesota) wrote: Jason Lewis.Substack.com He is the author of Party Animal, The Truth About President Trump, Power Politics & the Partisan Press, now available in paperback.
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