Biden's Transgender Mandate Is Thwarted, Threatened

Federal courts are pushing back, and a recent U.S. Supreme Court ruling is creating new hurdles.

The momentum seems to have shifted with respect to the Biden administration’s mandate that males who self-identify as female have a legal right to be treated the same as girls and women under federal law.

Pres. Joe Biden unilaterally created this “right” when he signed an executive order on his first day in office in 2021. He cited a 2020 U.S. Supreme Court ruling that equated employment discrimination against transgender workers with “sex discrimination” under Title VII of the Civil Rights Act of 1964. Though the Court took pains to limit its ruling to the employment context, Biden ordered federal agencies to broadly enforce his mandate, which now has touched every corner of American life, from restrooms to prisons.

It appears the bureaucratic infrastructure that permitted Biden to undertake such a massive exercise in social engineering is crumbling.

The U.S. Supreme Court last month in the case of Loper Bright Enterprises v. Raimondo dealt a massive blow to regulatory power when it threw out the 1984 Chevron doctrine that required courts to extend judicial deference to federal agencies that interpret ambiguous laws.

Meanwhile, after more than three years, the Biden administration suddenly announced on June 28 that it opposes gender-affirming care for minors.

The announcement followed the release of the findings of the Cass Review in Great Britain, an independent, systematic study of medical literature launched by Britain’s National Health Service. The review found no credible evidence supporting gender-affirming care (puberty blockers and hormones) for minors. It recommends “standard evidence based psychological and psychopharmalogical treatment approaches” for minors suffering distress from gender incongruence.

Britain’s National Health Service has banned gender-affirming care for minors.

Like a series of dominoes, the transgender theory that males can be female by simply saying so is falling one case at a time in federal courts.