Photo by Jeffrey F Lin on Unsplash
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.
There are billions of dollars at stake in profits from medical interventions for transgender purposes, and anyone in higher education who criticizes this lucrative field would risk losing career opportunities. By a wide margin, the most pro-transgender jurisdiction in our country is Washington, D.C., which might explain why the GOP-controlled House and Supreme Court have been so weak on this issue.
Three years ago Arkansas was the first state to ban transgender procedures on children, yet federal courts have still not allowed its good law to take effect. In an en banc sitting of 10 judges on the Eighth Circuit to review this law, nearly all of the Republican-appointed judges were unwilling to ask substantive questions of the ACLU attorney for the transgender plaintiff.
With Republican-appointed judges silent as though on the sidelines, the questioning was dominated by the court’s most liberal member, Obama-appointed Judge Jane Kelly, who apparently thinks the Arkansas law somehow discriminates on the basis of sex. Such a ruling by the court would trigger the difficult-to-satisfy standard of heightened scrutiny, by which legislation is typically invalidated.
Leftists who deny sex differences try to invalidate laws they don’t like by concocting arguments that they are discriminatory. Meanwhile, the transgender culture holds a grip on D.C., and on most federal courts which depend on liberal law schools for their clerks.
It is increasingly necessary to use the power of the purse to stop the transgender train. Otherwise, America’s children will pay the price. We cannot sit idle while radical leftist ideology damages the health and wellbeing of our children and ravages grade school sports in the process.
This post originally appeared at https://www.phyllisschlafly.com/constitution/judicial-supremacy/transgender-madness-in-childrens-sports/
