Throughout the nation, American communities are waging war over the ridiculous notion that gender is a fluid construct that can change over time. The University of Cincinnati rescinded its reprimand of a teacher for flunking a student for using the term “biological woman.” Megan Rapinoe, the outspoken retiring player on the U.S. women’s soccer team, indicated she would welcome male-bodied trans women into that sport, even though her own women’s team was easily defeated by an under-15-years-old boys team. The media and many judges are firmly on the side of the transgender movement, and they expect to win. A Clinton-appointed judge ordered a public school to let a boy who identifies as a girl to use the girls’ bathroom, overriding a policy adopted by the elected school board in the town of Mukwonago, Wisconsin.
It is impossible to separate the culture war from the legal war that rages in tandem. Law schools have fully embraced transgender follies, and unfortunately many courts will do likewise. Two years ago, Harvard Law School welcomed its “first transgender women of color” as teachers at the school. They joined two transgender men on the faculty, one of whom maintains a personal website that brags about “working with sex worker art collective that protested digital gentrification.”
The current state of America’s top law schools is important because the Supreme Court hires all of its law clerks from a handful of elite law schools, and those clerks perform the influential task of screening and describing cases before the Court either agrees to hear them or simply denies “cert” on a lower court decision.
The Supreme Court denied a recent application by West Virginia to reinstate its sensible law keeping boys out of girls sports, ducking this raging controversy just as the Court dodged all appeals about election fraud. For decades the Supreme Court accepted abortion cases only when the appeal was by the Left, and it will be interesting if Leftists appeal decisions against them on the transgender issue.