Discriminating Based On 'Trans' Status Is Not 'Sex' Discrimination

The U.S. Supreme Court got it wrong in 2020 when it equated "trans" with "sex." Recent research supports the view that "trans" is an "ideology" based largely on thoughts and feelings.

Photo by Ehimetalor Akhere Unuabona on Unsplash

Women are being harmed by a 2020 U.S. Supreme Court decision that equates trans ideology with sex.

On June 15, 2020, the U.S. Supreme Court issued a split 6-3 decision in Bostock v. Clayton County that held “sex” discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., includes discrimination based on transgender status.

Justice Neil Gorsuch, who wrote the majority opinion, said when an employer fires an employee for being transgender, the employer fires that person "for traits or actions [the employer] would not have questioned in members of a different sex… Sex plays a necessary and undisguisable role in the decision; exactly what Title VII forbids."

Gorsuch’s opinion is based on the premise that transgender is a “different sex.” This is simply not true. The U.S. is now virtually alone in the world in contending that human beings can change their sex through hormones and surgery.

The Cass Report

In April, the National Health Service in England released the Cass Report, a systematic review of scientific research, that found puberty blockers do not alleviate gender dysphoria and cause harm (ex. compromise bone density and height). Dr. Hilary Cass, who conducted the review, criticized the American Academy of Pediatrics, which supports gender-affirming care, for “holding on to a position that is now demonstrated to be out of date by multiple systematic reviews.”

England prohibited doctors from prescribing puberty blockers to minors, joining a host of other European countries, including Sweden, Finland, Norway, Denmark, France, Belgium and the Netherlands.

Nevertheless, the “Cass Report” has been largely ignored in the U.S.

Until now.

A group of physicians from medical organizations across the United States - organized as Doctors Protecting Children (DPC) - recently signed a declaration demanding the American Medical Association “immediately stop the promotion of social affirmation, puberty blockers, cross-sex hormones and surgeries for children and adolescents who experience distress over their biological sex.”

DPC urges medical providers to identify and treat “underlying psychlogical co-morbities and neurodiversity that often predispose to and accompany gender dysphoria.”

The doctors say research shows most children and adolescents whose thoughts and feelings do not align with their biological sex will resolve those “mental incongruities” after experiencing the normal developmental process of puberty.

Humans cannot change their sex - Doctors Protecting Children.