The Department of Justice (DOJ) under President Joe Biden has thrown its weight behind legal challenges to two state laws that defend fairness in women’s sports amid the transgender revolution.
“The United States has a significant interest in ensuring that all students, including students who are transgender, can participate in an educational environment free of unlawful discrimination and that the proper legal standards are applied to claims under Title IX and the Equal Protection Clause,” the DOJ claims in a “statement of interest” supporting a challenge to the West Virginia law protecting women’s sports, the Daily Mail reported.
“A state law that limits or denies a particular class of people’s ability to participate in public, federally funded educational programs and activities solely because their gender identity does not match their sex assigned at birth violates both Title IX and the Equal Protection Clause,” the DOJ argues.
The DOJ filed a similar brief in Arkansas, arguing that it is unconstitutional for that state to ban experimental transgender “treatments” for minors.
The Biden DOJ threw its weight behind court challenges from the American Civil Liberties Union and other pro-transgender groups challenging the state laws. The briefs claim that the laws violate the Equal Protection Clause of the 14th Amendment.
In the West Virginia case, the Biden DOJ claimed that Republican officials “legislated based on misconceptions and over broad assumptions” about biological men competing in women’s sports.
“That policy does nothing to further the state’s purported goal of protecting athletic opportunities for girls,” the brief argues.
That would come as surprising news to Selina Soule, a female athlete in Connecticut who lost multiple state championships to biological males who identify as female.
“In 2017, Connecticut began allowing two male athletes who self-identify as girls to compete in girls’ sports. During all four years of high school, I was forced to compete against them, even though they were bigger, stronger, and faster than me, because they were male,” Soule recounted in a press conference supporting Florida’s version of the West Virginia law. “In just three years, these two athletes won 15 women’s championship titles and they set 17 new individual meet records, records which we girls had no hope of breaking.”
“Those two biological males would dominate the field, leaving us girls to compete for third place and beyond. No matter how hard we’d train, and how hard we pushed ourselves, they beat us time and time again. We elite female athletes don’t give up a normal high school experience just for participation trophies. We race to win,” she said.
“This isn’t about self-expression, this is about our right — a woman’s right — to win,” Soule declared.
The National Collegiate Athletic Association (NCAA) has echoed the Biden administration in condemning laws that prohibit biological males from competing in women’s sports. The NCAA argued that its approach “requires testosterone suppression treatment for transgender women to compete in women’s sports,” following the International Olympic Committee’s (IOC) policies. Yet a study in Journal of Medical Ethics concluded that the IOC’s policies allow biological males who identify as female to maintain a key advantage that constitutes “intolerable unfairness.” Even some suppression of testosterone does not erase a male’s advantages, which begin in the womb.
A study published in The Journal of Clinical Endocrinology & Metabolism concluded that “even after 12 months of hormonal therapy,” a man who identifies as a woman and is taking cross-sex hormones “had an absolute advantage” over female athletes and “will still likely have performance benefits” over women.
While the Biden administration’s legal filing in West Virginia seems Orwellian enough, the DOJ’s challenge to Arkansas’ law may be even more pernicious. The law protects gender-confused children from taking hormones or undergoing surgeries that would permanently alter their bodies, sometimes resulting in sterilization. These children can barely understand the concepts of gender identity and biological sex, much less the longterm effects such “treatments” will have.
Research shows that there are significant risks with sex reassignment surgery, including heart conditions, increased cancer risk, and loss of bone density. Some endocrinologists have warned about the negative effects of “puberty-blockers” and cross-sex hormones.
“I call it a development blocker — it’s actually causing a disease,” Dr. Michael Laidlaw, an independent private practice endocrinologist in Rocklin, Calif., who consults with Sutter Roseville Medical Center, told PJ Media. The disease in question is hypogonadotropic hypogonadism. It occurs when the brain fails to send the right signal to the gonads to make the hormones necessary for development.
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.
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, so some refer to cross-sex hormones and “puberty blockers” as “chemical castration.”
Despite these and other concerns, Biden has rushed to mainstream transgenderism in health care, nominating the first openly transgender person as assistant secretary of health (despite the nominee’s horrific record on COVID-19 in Pennsylvania and his support for transgender “treatments” for children). Perversely, Biden, identified as the nation’s second Roman Catholic president, has fought to resurrect an HHS mandate that would force Roman Catholic hospitals to violate their consciences by performing experimental transgender treatments.
These recent filings show just how radical Biden is on transgender issues, and how anxious he is to force this agenda on all Americans, even in states that pass laws to protect fairness in women’s sports and to defend vulnerable children from experimental “treatments” they cannot understand.