While gender identity originated as simply a social construct to describe a characteristic of those who suffer from gender dysphoria, LGBT activists have taken to arguing that a five-year-old boy who perceives his gender to be female has become a girl as a biological fact.
But if sex is determined by pursuing stereotypical characteristics--pink versus blue and trucks versus dolls-- then gender identity is no more of a biological reality than Rachel Dolezal being an African American woman.
Unsurprisingly, the science isn’t on the LGBT activists’ side.
A new report released just days ago reveals the flaws in claims used to advance the narrative around sexual orientation and gender identity. It all boils down to the fact that, “The belief that sexual orientation is an innate, biologically fixed human property—that people are ‘born that way’—is not supported by scientific evidence.”
Thankfully the courts are starting to see through this false narrative as well and have recently put a stop to some major efforts to let activists bend the definition of sex to suit their gender identity agenda.
First up is Aimee (formerly Anthony) Stephens, who recently failed in his attempt to force his employer to affirm his self-professed gender identity and allow him dress like a woman at work.
Stephens worked for Harris Funeral Homes as a funeral director and embalmer for six years, until he told his employer that he would begin dressing as a woman and follow the company’s female dress code at work. The company’s majority owner, Thomas Rost, is a Christian whose faith informs the way he operates his business and how the company serves and presents itself to the bereaved in his community. Stephens was let go two weeks later for violating the company’s dress code policy.
Shortly after that, Stephens filed a complaint with the Equal Employment Opportunity Commission (EEOC) claiming the funeral home discriminated against him. Specifically, he claimed the funeral home violated Title VII, which prohibits sex discrimination in employment. In turn, the EEOC sued the funeral home on behalf of Stephens.
Alliance Defending Freedom defended Harris Funeral Homes and recently won a federal court ruling on their behalf. The court held that the federal Religious Freedom Restoration Act (RFRA) protects the freedom of the funeral home to maintain a dress code consistent with its sincerely held faith convictions (which happen to align with the biological reality that men and women are different).
In its order and opinion, the court rejected the EEOC’s attempt to “expand Title VII to include transgender status or gender identity as protected classes.” There is simply no question that Congress intended to protect only biological sex under Title VII, and not a person’s perception of whether they are male or female.
Unfortunately, cases like this are becoming more common. The Obama Administration, for example, has eagerly cooperated in advancing the false narrative that gender identity is a biological reality. The Departments of Justice and Education (DOE) have gone so far as to re-write an important education law, Title IX, to include “discrimination based on gender identity.”
According to DOE’s directive, access to sex-specific private facilities like locker rooms, showers, and restrooms in public schools must be granted based on a person’s professed “gender identity,” and not whether they were born a male or a female. ADF responded to these demands by filing lawsuits in Illinois, Ohio, and North Carolina.
Some two dozen states also weighed in with two more lawsuits, and one of those suits just put a stop—at least temporarily—to the Administration’s overreach. A federal district court issued an injunction last week that prevents the Obama administration from enforcing its new version of federal law while the states move forward with lawsuits against the directive. In other words—no boys in the girl’s locker room and vice versa.
The court order could not be more clear on the problem with the Obama administration unilaterally changing federal law to pretend that biological sex and gender identity are the same thing.
“It cannot be disputed that the plain meaning of the term sex as used in [the law] when it was enacted…meant the biological and anatomical differences between male and female students as determined at their birth…” the order states. “This undoubtedly was permitted because the areas identified by the regulations are places where male and female students may have to expose their ‘nude or partially nude body, genitalia, and other private parts,’ and separation from members of the opposite sex, those whose bodies possessed a different anatomical structure, was needed to ensure personal privacy.”
Acknowledging that men and women have distinct biological characteristics is not discrimination. And ensuring that male and female students have private spaces to change their clothes and shower away from the presence of the opposite sex is not discrimination.
In the last year, activists have claimed over and over that “the science is settled,” but the reality is they can’t change the way biology works just to fit their agenda. Thankfully, more and more Americans are stepping up and speaking out against the harm this narrative is having on our children
. Enough is enough.
What Science Says About Sex and Gender
LGBT activists might need to reconsider their major talking points after a new report shows that science does not support many of their claims about sexual orientation and gender identity. The Heritage Foundation’s Ryan Anderson outlines the report’s findings in an excellent piece for The Daily Signal.
Read it Now