President Joe Biden promised to be a president “for all Americans,” even for those who did not vote for him. Yet in his first few days in office, Biden signed divisive executive orders championing the nebulous concept of gender identity over biological sex. Biden’s new orders threaten to upend science and fairness in many segments of American society, including women’s sports, women’s private spaces, the military, and medicine. Republicans in at least 13 states are fighting back.
Biden issued an executive order banning “discrimination” on the basis of gender identity. The order requires schools to open girls’ restrooms, locker rooms, and sports leagues to biological boys. It requires health care plans to pay for experimental transgender “treatments” and requires doctors and hospitals to perform them.
This order enforced the Supreme Court’s ruling in Bostock v. Clayton County (2020), which redefined “discrimination on the basis of sex” in federal law to include discrimination on the basis of gender identity. As Supreme Court Justice Samuel Alito warned in his dissent, this move threatens “freedom of religion, freedom of speech, and personal privacy and safety.”
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Specifically, Alito warned that allowing biological males to enter women’s bathrooms and changing rooms may invite assault or abuse. He warned that opening women’s sports to biological males would “force young women to compete against students who have a very significant biological advantage. He warned that the Court’s ruling would force rape crisis centres to admit biological males if they claim to identify as women.
Alito also warned that the Court’s ruling — and, by extension, Biden’s order — would prevent religious organizations from only hiring people who “actually live the faith. He warned the ruling would force employers and health care providers to endorse transgender surgeries. He warned that this broad interpretation of discrimination would suppress free speech, forcing people to kowtow to transgender pronouns.
States are considering laws that address these concerns.
1. Women’s sports.
“The science is settled: boys have an unfair competitive advantage over girls in athletics,” Aaron Baer, president of the Center for Christian Virtue in Ohio, said in a statement after Republicans filed the Save Women’s Sports Act in the Ohio House of Representatives. “As the father of two girls, [I think] it’s unbelievable that the Biden administration would put our daughters at risk, and deny them a level playing field by forcing them to compete against boys.” A Transgender MMA fighter who delivered ‘life-altering blows’ to female competitor, crushing her skull, was biologically born a male. “During a fight against Tamika Brents, a real woman, Fallon Fox a biological male, gave Tamika a concussion, broke seven orbital bones as well as crushing her skull.” The fight lasted a whole three minutes.
At the time, Brents said, “I’ve fought a lot of women and have never felt the strength that I felt in a fight as I did that night.” Brents said that she was not aware at the time that Fox had transitioned from male to female. Does anyone think this is fair? A person who may identify as a woman but who still has strength and attributes of a man, competing against a woman in a Combat Sport. What sort of competition is that?
Baer and his Christian organization are far from alone in raising concerns about the destruction of women’s sports. Feminists and scientific journals have warned that males have biological advantages over females that cannot be erased by simply identifying as female. Women’s sports exist to enable fair competition, and transgender activism destroys that possibility.
Duke Law School professor Doriane Lambelet Coleman warned that if women’s sports must admit biological men, “the very best women in the world would lose to literally thousands of boys and men, including thousands who would be considered second-tier.”
Republicans have spearheaded legislation to protect women’s sports in Georgia (H.B. 276), Missouri (H.B. 1077), Ohio (H.B. 61), Tennessee (H.B. 3), Texas (H.B. 1458), and Utah (H.B. 302). The Montana House passed the “Save Women’s Sports Act” (H.B. 112) last month and the Mississippi Senate passed the “Mississippi Fairness Act” (S.B. 2536) last week.
2. Protecting children’s health
While Bidens order supports experimental transgender “treatments” for minors such as so-called “puberty-blocking” drugs and cross-sex hormones, he has also endorsed transgender identity and activism for kids under age 10 and he has nominated an openly transgender official to serve as assistant secretary of health at the Department of Health and Human Services (HHS).
Transgenderism has already caused medical mixups, to deadly effect. In one case, a pregnant woman who identified as a man went to the hospital with abdominal pains. Because the woman’s records identified her as a man, the hospital ruled out labour and did not give her the treatment she needed. Her baby died.
There is no evidence that transgender surgery improves the mental health outcomes of gender dysphoric people. Men and women who formerly identified as transgender and underwent surgery have grown to reject transgender identity and lament the damage they did to their own bodies.
In a more common-sense ruling last year, Britain’s High Court ruled that children under age 16 lack the ability to consent to “puberty-blocking” drugs and cross-sex hormones that have irreversible life-long effects. Children who undergo such “treatments” often persist in transgender identity and lose their ability to have children later in life.
In this context, the Alabama House and Senate are considering the Vulnerable Child Compassion and Protection Act (H.B. 1 and S.B. 10), which would prohibit experimental transgender “treatments” on children who cannot give informed consent to permanent life-altering procedures. The bill would make it a felony for a doctor to subject a child to “puberty blockers” or cross-sex hormones. Republicans in Tennessee introduced a similar bill (S.B. 657), as did legislators in Georgia (H.B. 401). Republicans in Kentucky filed a bill to prevent transgender “treatments” without written consent from a parent or guardian (H.B. 477).
3. Bathroom bills
While North Carolina repealed its H.B. 2 legislation, which defended women’s privacy in multiple-stall bathrooms, other states have considered such legislation. Republicans in Iowa filed a bill to prohibit “persons from entering single and multiple occupancy toilet facilities in elementary and secondary schools that do not correspond with the person’s biological sex” (S.F. 224).
Transgender activists claim such bills are unnecessary because people who genuinely suffer from gender dysphoria do not represent a threat in private spaces. Unfortunately, opening sex-segregated spaces like bathrooms and changing rooms would not just open the doors to individuals with gender dysphoria — it would also allow provocateurs like Jessica Yaniv and perverts to access private women’s spaces.