Daily Times (Primos, PA)

Gender, politics, and equal protection under the law

- Christine Flowers Christine Fowers is an attorney and a Delaware County resident. Her column appears Sunday and Thursday. Email her at cflowers19­61@gmail. com.

Civil rights legislatio­n always has its genesis in humanitari­an principles: Protecting the weak, advocating for the voiceless, providing opportunit­ies for the disenfranc­hised.

The Civil R i gh t s and Voting Rights acts were remedies for institutio­nal and generation­al racism that blocked many minorities, primarily African Americans, from obtaining equal status with their fellow citizens. The Americans with Disabiliti­es Act, which marked its 30th year in 2020, mandated that this country treat those with mental or physical conditions that made their lives more difficult to navigate with respect, honor, and dignity. More recently, there has been a slew of LGBT legislatio­n that has attempted to situate members of those communitie­s on equal or equivalent levels of rights and opportunit­ies as their heterosexu­al and now “cisgender” brothers and sisters.

You might be wondering why I put “cis” in quotation marks. That’s because the issue of transgende­r rights, a controvers­ial topic even among those in the gay and lesbian communitie­s, has now barreled directly into another area of rights, and has threatened to encroach upon - if not entirely demolish - the protection­s erected in defense of women.

Title IX is landmark legislatio­n that was passed to ensure that women would have the same opportunit­ies as their male counterpar­ts in high school and college athletics. It was passed in 1972 as part of the Education Amendments, and read as follows:

“No person in the United States shall, based on sex, be excluded from participat­ion in, be denied the benefits of, or be subjected to discrimina­tion under any education program or activity receiving Federal financial assistance.” While Title IX did not explicitly mention athletics, it’s come to be known for its impact on women and their participat­ion in collegiate sports.

Fast forward a few decades. Whereas it was clear that Title IX would apply to women, it has become increasing­ly difficult to define what, exactly, qualifies as a “woman” or more specifical­ly, a female. That is because the trans rights movement has made biological certainty less important than “identifica­tion.” So now we have biological men identifyin­g as women, even though they were born with male gen

italia, and may in fact still have that genitalia. We have individual­s who have all of the biological attributes of males, including their strength and innate athletic abilities, who present themselves as females.

Society is slowly (although not quickly enough for some) accommodat­ing those who have a disconnect between their biological and psychologi­cal realities. And to the extent that we want to protect people from being persecuted, or discrimina­ted against because of theA way they feel about themselves, that’s a good thing.

But what is not a good thing, and what is not acceptable, and what must stop, is the consistent and inexcusabl­e discrimina­tion of biological females in order to make trans women feel better about themselves. Over the past few years, there have been an increasfem­ales in women’s athletics. Her bill would clarify Title IX to limit protection­s to those who were born as biological women, and not extend to those who identify as such. According to Gabbard, “Our legislatio­n protects Title IX’s original intent, which was based on the general biological distinctio­n between men and women athletes based on sex. It is critical that the legacy of Title IX continues to ensure women and girls in sports have the opportunit­y to compete and excel on a level playing field.”

Gabbard is absolutely correct. We can’t eviscerate the protection­s afforded to one vulnerable group to advance the less than legitimate goals of another. Trans women and men should be protected against a host of ills and crimes, but they should not be able to appropriat­e a bill designed to protect an equally vulnerable group for spurious ing number of biological son who presents as a girl purposes. And it’s not just males who, after coming out but is really a boy can comabout gender politics. There as “female,” have demanded pete at an equitable level have been unfortunat­e ininclusio­n on women’s sports with actual girls. tersection­s and conf licts teams. This has put actual Of course, you are not when dealing with other females at a huge disadvansu­pposed to use the term sorts of civil rights legislatag­e, because there is no “actual” when dealing with tion where, in attempting to question and no doubt that gender these days. The advance the interests of one a biological male has cerevolved way of thinking is group of people, you end up tain innate advantages over that, as Cinderella sang in treading on the rights of anfemales. We can philosothe Rogers and Hammerothe­r. Victims come in all phize all we want about “I stein musical, you can be shapes and sizes, and proam woman, hear me roar” whatever you want to be. So tecting some, sadly, harms and the legitimate observaacc­ording to this, if you beothers. I’m glad that at least tion that Ginger Rogers did lieve you are a girl, you are in this limited arena, a leg“everything Fred Astaire a girl. Belief becomes actuislato­r actually figured that did,out.onlybackwa­rdsandinal­ity.Andthat,myfriends, heels,” but ignoring the fact is a big problem (I was gond now I understand that testostero­ne provides ing to use another word but why Tulsi Gabbard never endurance and strength adits’ the Christmas season so made it through the privantage­s is magical thinkI’m being nice). maries. She made too much ing. Black magic, to be preTulsi Gabbard agrees sense. cise. with me. The Democratic

It’s all well and good to congresswo­man from Haput your “personal prowaii and erstwhile presnouns” in your email idenidenti­al candidate has tifiers so that the woke folk bucked her own party and know that you are as woke presented legislatio­n which as they are, but it is quite anwould prevent biological other to pretend that a per- males from competing as

 ?? ASSOCIATED PRESS ?? U.S. Rep. Tulsi Gabbard, D-Hawaii, was a candidate in the Democratic presidenti­al primary earlier this year.
ASSOCIATED PRESS U.S. Rep. Tulsi Gabbard, D-Hawaii, was a candidate in the Democratic presidenti­al primary earlier this year.
 ??  ??

Newspapers in English

Newspapers from United States