Men’s feelings are the law of the land in transgender jurisprudence
Hudson Crozier
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After obliterating free speech and protecting the “right” to castrate children in certain districts last month, the transgender legal movement is at it again.
District Judge Lynn Adelman temporarily blocked a Wisconsin school district’s policy to keep boys and girls in separate bathrooms, something that must apparently be defended in court now. He says the restriction violated Title IX and the 14th Amendment, ruling in favor of a parent and her 11-year-old son who “has identified as female since the age of three.”
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The school district “has caused [the child] to suffer severe emotional distress and mental health effects, including thoughts of self-[harm], nightmares, embarrassment, social isolation and stigma, and lowered self-esteem,” Adelman writes. The root of this psychological instability is presumed to be the policy rather than the deep confusion that adults have instilled in him.
First, let’s stop pretending that there is some sophisticated legal argument for this. Title IX and the Constitution never address the made-up, trendy concept of “gender identity.” Adelman already has a troubling record of partisan remarks against Donald Trump, Republicans, and conservative policies that earned him a reprimand from a federal judicial council. He operates like a legislator, and thus, we will interpret his ruling from a policymaking lens.
Without privacy in certain spaces, biological males will frequently hurt and violate biological females. That doesn’t mean that the boy in this lawsuit would ever do anything wrong, but it is true nonetheless. We have plenty of statistics on this, but one hardly needs them to confirm such a basic, unfortunate fact of life. Most sexual assault perpetrators are men, while victims are almost always women.
What has changed about this reality? Nothing, except that denying it is another way for the Left to make war on everything it considers to be an “oppressive construct.” In this case, it’s gender, and the fight requires nearly unconditional obedience to the demands of transgender activists. This includes a boy who discovered his deepest and most permanent identity at three years old, Adelman tells us with a straight face.
We already have examples of the harm that occurs when hormonal teenage boys who identify as transgender gain access to girls’ bathrooms at school, and Adelman is enabling it. It’s not as if he thinks sixth graders won’t grow older as schools remove sensible boundaries.
Much has been said about the silence from many self-declared feminists on this phenomenon. Indeed, the “women’s rights” crowd was tight-lipped when the mother of a “gender fluid” rapist in a Virginia school insinuated that his female victim asked for it.
“If I was in a position where I was about to be raped, I would be screaming, kicking, everything,” she said in 2021. “You’re 15. You can reasonably defend yourself. You’re not just going to sit there and take it. And so, because there wasn’t a presence of a fight, he felt it was OK to keep going.”
This ignores the proven trend of women freezing up during sexual assaults because they feel powerless, but we saw no finger-wagging about “rape culture” in response to her vile comments.
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Men are the enemy when the Left wants them to be, but in other contexts, the feelings of “gender nonconforming” men determine every legal right a female has. If one thinks of modern liberalism as simply the enemy to all things traditional and good, this doesn’t come as a contradiction.
Hudson Crozier is a summer 2023 Washington Examiner fellow.