Featured photo by Owen Yancher. CC BY-SA 4.0 DEED.
In April a 2-1 Democrat majority of the U.S. Court of Appeals for the Fourth Circuit invalidated a good West Virginia law protecting girls’ sports against invasion by male-bodied transgender students. The Richmond-based tribunal held that West Virginia’s Save Women’s Sports Act violates the federal Title IX law, which was enacted to protect girls’ sports, and also that West Virginia’s protection of girls’ sports may further violate the Constitution.
The Biden-appointed judge who wrote this absurd decision repeatedly used the propaganda term “sex assigned at birth,” as if sex were arbitrary and merely “assigned” to a newborn. On the contrary, biological science teaches that sex is determined long prior to birth, and does not change.
The transgender issue is boiling over in the courts. The U.S. Supreme Court, after earlier dodging this same transgender case and at least two others, sat on an emergency application by Idaho for an unusually long time of nearly two months before rendering a decision that ducked the substance of a conservative Idaho law.
Two dozen states, including Idaho, have enacted laws protecting children against transgender operations and treatment, while the Supreme Court sidesteps the issue. Most of these laws have been challenged in federal courts by groups pushing the trans agenda, and the day after last Christmas a Clinton-appointed judge ordered a sweeping injunction blocking enforcement of Idaho HB 71.
But rather than affirm the authority of states to protect vulnerable children against irrevocable medical interventions, the Supreme Court rendered merely a procedural decision that cautioned against overly broad injunctions. In splintered opinions that Chief Justice Roberts refused to join, the Court reined in the Idaho federal district court without addressing the substance of the law.
Our children need our protection. It is time that courts and state legislatures stop giving transgender radicals freedom to invade normal society.