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Girls v Transgenders By Ian Wilson LL. B

     The sheer beauty of law suits and litigation has always made my pulse rate increase, and put a smile on my face, however cloudy the day, because in suing, things get decided, and there is certainty in an uncertain, nay, chaotic world. Politics goes around in a circle, but law is constrained by economic necessity and the unending desire to allow the smooth flow of commerce through the alimentary canal and bowels of society. Let’s consider the coming battle between women born with vaginas and other female parts, including genetics, versus transgendered people, as an example of the music of law in action:
  https://apnews.com/8fd300537131153cc44e0cf2ade3244b

“The families of three female high school runners filed a federal lawsuit Wednesday seeking to block transgender athletes in Connecticut from participating in girl’s sports. Selina Soule, a senior at Glastonbury High School, Chelsea Mitchell, a senior at Canton High School and Alanna Smith, a sophomore at Danbury High School are represented by the conservative nonprofit organization Alliance Defending Freedom. They argue that allowing athletes with male anatomy to compete has deprived them of track titles and scholarship opportunities. “Mentally and physically, we know the outcome before the race even starts,” said Smith, who is the daughter of former Major League pitcher Lee Smith. “That biological unfairness doesn’t go away because of what someone believes about gender identity. All girls deserve the chance to compete on a level playing field.” The lawsuit was filed against the Connecticut Association of Schools-Connecticut Interscholastic Athletic Conference and the boards of education in Bloomfield, Cromwell, Glastonbury, Canton and Danbury. “Forcing girls to be spectators in their own sports is completely at odds with Title IX, a federal law designed to create equal opportunities for women in education and athletics,” attorney Christiana Holcomb said. “Connecticut’s policy violates that law and reverses nearly 50 years of advances for women.”

The Connecticut Association of Schools-Connecticut Interscholastic Athletic Conference says its policy follows a state anti-discrimination law that says students must be treated in school by the gender with which they identify and the group believes the policy is “appropriate under both state and federal law.” The lawsuit follows a Title IX complaint filed last June by the girls’ families and the Alliance Defending Freedom with the U.S. Education Department’s Office for Civil Rights, which is investigating the policy. The lawsuit centers on two transgender sprinters, Terry Miller and Andraya Yearwood, who have frequently outperformed their cisgender competitors. The two seniors have combined to win 15 girls state indoor or outdoor championship races since 2017, according to the lawsuit. The three plaintiffs have competed directly against them, almost always losing to Miller and usually behind Yearwood. Mitchell finished third in the 2019 state championship in the girls 55-meter indoor track competition behind Miller and Yearwood. “Our dream is not to come in second or third place, but to win fair and square,” Mitchell said. “All we’re asking for is a fair chance.” Yearwood, a senior at Cromwell High School, and Miller, a senior at Bloomfield High School, issued statements vehemently defending their right to run in girls events. “I have faced discrimination in every aspect of my life and I no longer want to remain silent,” Miller said. “I am a girl and I am a runner. I participate in athletics just like my peers to excel, find community, and meaning in my life. It is both unfair and painful that my victories have to be attacked and my hard work ignored.”

Yearwood said she also is a girl and has been hurt by the efforts to “tear down my successes.” “I will never stop being me!” she said in her statement. “I will never stop running! I hope that the next generation of trans youth doesn’t have to fight the fights that I have. I hope they can be celebrated when they succeed not demonized. For the next generation, I run for you!” The American Civil Liberties Union said it will represent the transgender teens and defend the Connecticut policy in court. Attorney Chase Strangio, deputy director for Trans Justice with the ACLU LGBT & HIV Project, said transgender girls also are protected by Title IX. “The idea that the law only protects the individuals with XX chromosomes as compared to individuals with XY chromosomes is found nowhere in the legislative history of Title IX, in any implementing regulation or in any other aspect of the interpretation of Title IX over the last 50 years by the courts,” he said. The attorneys for Alliance Defending Freedom is asking the court to prevent the transgender girls from competing while the lawsuit moves forward. No hearing date on that request had been scheduled Wednesday, the day before the state’s indoor track championships begin.”

     How will the issue of transgenders in women’s sport end? Given that we are in the terminal stages of liberalism, where every idea is being pushed to the limits, and breaking point, my prediction is that old school women will lose out, and women’s sports will continue to face this problem, until completely dominated by transgendered people, and, by men with male genitalia, who now psychologically identify as women. Sorry, but this was a conclusion already embodied in the feminist liberation movement of the 1960s, it just took a little time to unravel.

 

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Friday, 29 May 2020
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