According to Sarah Parshall Perry at Heritage Foundation: ACLU Is Putting Trans Rights Ahead of Women’s Rights. That’s Wrong. Perry’s rather dull polemic is based on a false premise.
This exercise in intellectual dishonesty is comparable to writing: “Let me explain why sex with Martians is wrong.”
Last March, Ms. Perry was having a similar transphobic hissy fit because guidance counselors do not disclose confidential information about students. Maintaining student confidentiality conforms to the guidelines of the American School Counselors Association.
Brimming with joy:
Nearly as fast as the governors of West Virginia and Idaho could sign laws that protect the interests of biological women in interscholastic athletics, the American Civil Liberties Union set out to invalidate them.
Thirty-one states have introduced such legislation, and four of those—Arkansas, Mississippi, West Virginia, and Tennessee—have enacted sex-specific sports bills this year.
First of all these bills pretend to solve a problem that does not exist. Larry Strauss, a USA Today columnist, pointed out in April:
Is there a greater problem in West Virginia and Idaho (and now Florida) than California.
Secondly, as Dr. Jack Turban pointed out for Scientific American in March:
“The quality of life of very vulnerable youth should not be determined by out-of-context passages from texts written in the fifth or sixth centuries BCE.”
Transgender girls on puberty blockers … have negligible testosterone levels.
Perry prattles on:
The ACLU claims that preventing biological males who “identify” as female from competing in girls sports is not truly about sports, but rather “about erasing and excluding trans people from participation in all aspects of public life.”
That sounds about right to me. Rev. Dr. Serene Jones, president of Union Theological Seminary, wrote an OpEd in the Miami Herald last Wednesday. Jones points out that religious leaders are behind the assault on transgender rights. According to Dr. Jones, these discriminatory measures are “anti-God.”
Dr. Jones goes on to explain:
But in reality, there is nothing in the Bible that explicitly discusses transgender people.
Ms. Perry is no fan of the Supreme Court’s ruling in Bostock v. Clayton County. That case assures federal protection from employment discrimination based on sexual orientation of gender identity.
According to Perry, the ACLU has based its trans inclusion cases on Bostock. That is incorrect. Perry goes on with respect to Bostock:
… pundits skip straight to Bostock’s second-step analysis, where Gorsuch noted, “An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”
She is going into the weeds:
- This has no bearing on Perry’s assertion that the ACLU is preferencing trans rights over women’s rights.
- Bostock has little or no relevance to trans girls participating in secondary school athletics.
Attempting to tie disparate parts together:
During the waning days of the so-called sexual revolution, women and girls were still at an educational disadvantage when compared to their male peers. Title IX filled the gaps left by Titles VI and VII of the 1964 Civil Rights Act, and was enacted to address the vast disparities women and girls experienced in relation to boys and men in all aspects of learning, from facilities to sports and beyond.
“The folks at the Heritage Foundation are doing what other conservative Christians do: Promoting transphobia in service to scripture.”
Thanks for the history lesson. So what?
Title IX requires educators to see women as they see men. And it ensures that girls and women, at long last, can finally experience sex equality in their educational pursuits.
But with an onslaught of national efforts to gut the very mission and purpose of Title IX’s protective effects, it has fallen to the states to remind organizations like the ACLU that the law means exactly what it says it means.
Sarah Parshall Perry doesn’t get it. Sarah Parshall Perry doesn’t want to get it. At the core of this are two things:
- Is there a problem of transgender girls dominating girls’ athletics?
- Do trans girls have an unfair advantage over cisgender girls?
Ms. Perry offers no evidence to the contrary. Just rhetoric:
Recently criticized by the left-of-center New York Times for abrogating its free speech roots, the ACLU might do well to reevaluate the things it values and defends.
Judging by its spate of lawsuits against states passing sex-specific sports bills, it appears biological women aren’t one of them.
None of the above has anything whatsoever to do with whether or not these legislative measure are fair or even necessary. Heritage Foundation is essentially a Christian organization.
The folks at the Heritage Foundation are doing what other conservative Christians do: Promoting transphobia in service to scripture.
The quality of life of very vulnerable youth should not be determined by out-of-context passages from texts written in the fifth or sixth centuries BCE. Moreover, Perry is overtly promoting transphobia; a literal fear of — in this case — trans girls.
Perry’s message is a message of hate.
Sarah Parshall Perry is the daughter of Christian radio personality Janet Parshall. If she wants to accomplish anything on her own she will require more independence, intellectual curiosity and critical thinking.
* At today’s New York Times Charles Blow has an outstanding piece titled: Demonizing Critical Race Theory.