Judge Amul Thapar

Donald Trump nominated Judge Amul Thapar to the Sixth
Circuit where he has demonstrated confusion over sex
and gender.

via Wikipedia

On Friday, the United States Court of Appeals for the Sixth Circuit revived a philosophy professor’s lawsuit against a public university in southern Ohio that reprimanded him for refusing to address a transgender student by his preferred pronouns.

The Court did not decide the merits of the case. However, Nicholas Meriwether can now try to prove that Shawnee State University violated his First Amendment free speech and religious rights by mandating pronouns that he said did not reflect “biological reality” and contradicted his devout Christian beliefs.


Meriwether is a long way from a legal victory
. Workplace speech in government facilities was settled by the Supreme Court in Garcetti v. Ceballos (2006). In that case the Court held that statements made by public employees pursuant to their duties are not protected by the First Amendment from employer discipline.

Writing for a three-judge panel, Circuit Judge Amul Thapar said Meriwether was simply communicating on a “hotly contested” matter of public concern, whether one’s sex can be changed.

No one asserts that someone’s sex can be changed. No one disputes chromosomal realities. Gender, as a separate construct, is not something that is “hotly contested.” It is settled science and has been for over 100 years.

The only people contesting the concept of gender are religious zealots. They do so in order to defend scripture.

Thapar was a disrict court judge for the Eastern District of Kentucky via George W. Bush. In March, 2017 Trump nominated Thapar for a seat on the Sixth Circuit. He was confirmed by a vote of 52–44 in the Senate. Funny how he did not need 60 votes to be confirmed for a lifetime position.

The ABA rated Thapar “well qualified.” However, that does not mean that his decisions are based on sound rationale. Thapar is a zealous Catholic convert which explains, in part, his “thinking.”

Thapar was on Trump’s Supreme Court short list.