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WBT seven four five seven zero eleven ten. The email
is Pete at thepeteclendershow dot com on Twitter at Pete Calendar.
So we had a big decision this week regarding the
transgender issue. The US Supreme Court weighed in on a
very narrow aspect of the debate. But this is a
win for sanity. The US Supreme Court on Wednesday issued
a ruling. They've got others that have come out today.
I've not had a chance to look and see what
are other opinions they've released today, but the one they
released on Wednesday upheld laws in about half of the
states that ban well. This is from the NPR affiliate
in town. So this is NPR reporting by Nina Sorry,
by Nina Totenberg. Gender affirming medical care. It ban gender
affirming medical care. That sounds terrible. It's affirming and it's
medical care. Right, it's amputating reproductive systems for transgender miners.
So children it would ban, Yeah, it's it's banning trans
procedures for kids. States that have decided to do this.
The vote was six to three. You'll never guess how
it broke down, six to three. Yeah, it was a
long ideological lines. The case was brought by transgender children
and their parents in Tennessee, who claimed that the state's
ban on hormone treatments and puberty blockers for transgender miners
discriminated on the basis of sex. This was their argument.
They contended that they were being denied equal protection of
the law because the same medications that are banned for
miners with gender dysphoria are permitted for other miners with
conditions like I'm going to butcher this word, I think,
but it's endometriosis. I think I got that right. And
early onset puberty or late onset puberty. See. So their
argument was that if I'm a fourteen year old boy,
and I'm getting testosterone because I have my puberty is
not beginning for me or something, and so they recommend
that I get some hormone treatments. They give me some testosterone.
And their argument was that, well, I'm a girl and
I want testosterone, so why can't I have it? And
the state says I can't. The state bans me from
getting it, and that's sex discrimination because you're giving it
to a boy, you're not giving it to a girl.
See sex discrimination. So they do recognize a different Yeah,
But writing for the Conservative courts, super majority Chief Justice
John Roberts rejected that argument entirely. He said that laws
like Tennessees that turn on age. So it's about age,
and it's about medical use. What is the drug being
being used to address? And because that's the way the
state wrote the law, they are the law is not
subject to this higher legal scrutiny. Okay, the courts have
different levels of legal scrutiny. I don't know why I'm
saying it like scrutiny. I want scrutiny anyway. That kind
of heightened scrutiny is what the court uses to look
at things like workplace sex discrimination instead, though, because it's
about age or medical use, the court applied the lowest
level of legal scrutiny, which is called rational basis, meaning
that if there's any rational justification for the law, then
it passes constitutional muster and there is a rational justification
for the law. He acknowledged the quote fierce scientific and
policy debates about the safety, efficacy, and the propriety of
medical treatments in an evolving field. Roberts said it's not
the court's job to judge the wisdom or fairness of
Tennessee's law. The court's job, he said, is only to
determine whether the law violates the Constitution's guarantee of equal
protection under the law. Having concluded that the law does
not unconstitutionally discriminate, the Court leaves these policy questions to
the people, their elected representatives, and the democratic process. Now,
states that allow these procedures they can continue to do so.
This is a concept that maybe folks over on the
left may not be aware of this. This concept is
called federalism. States are allowed to do different things. If
a state decides they don't want this particular thing, they
say we don't want that thing, and they ban it.
As long as it's not unconstitutional. While the court's majority
opinion gave states broad powers to ban or regulate transgender
medical care for minors, it left unresolved a number of
questions that very likely will reach the Supreme Court in
the next term. Among those, there's a challenge to Trump's
ban on transgender people in the military. There's a challenge
to the administration's policy denying passports for transgender individuals unless
they list as their gender unless they're listed as their
gender as their sex at birth, so you can't change
your gender for your password for your passport. There's also
cases involving bans on transgender participation in school sports. Federal
law bars discrimination based on sex in any education program
or activity that receives federal funding, so the left is
to try to completely obliterate female sports. John Bursch, who
argued and won the case on behalf of the Conservative
Alliance Defending Freedom or the ADF, said that about half
the states have adopted laws that prohibit boys who identify
as girls from participating in girls' sports teams, and he
said two of those cases are currently pending before the
US Supreme Court, and then even farther down the road.
There's another question as to whether states can ban medical
care for transitioning adults. I think there would be a
rational basis too also prohibited for adults, he said, and
that would be up to the states to decide. Justice
Thomas Clarence Thomas, he called out the courts in a
concurring opinion for assuming that quote self described experts are
always correct. He said, this case carries a simple lesson.
In politically contentious debates over matters shrouded in scientific uncertainty,
courts should not assume that self described experts are correct. Right.
This is not settled. This is shrouded in scientific uncertainty,
and the left wanted the courts to shut it all
down to say we're certain, believe us we're experts, and
he says, Clarence Thomas says that we are not experts.
And just because you say you're an expert doesn't mean
you are. Because the whole field is unsettled. Courts should
defer to legislatures over experts, he said. The courts should,
saying medical professionals quote declared to consensus around the efficacy
of treating children's gender dysphoria with puberty blockers cross sex
hormones and surgical interventions, despite mounting evidence to the contrary.
They have dismissed grave problems undercutting the assumption that young
children can consent to irreversible treatments that may deprive them
of their ability to eventually produce children of their own.
They have built their medical determinations on weak evidence, and
they have surreptitiously compromised their medical recommendations to achieve political ends.
He's exactly right, He's exactly right. The corruption of like
the American Academy of Pediatrics WPATH it is grotesque, absolutely grotesque.
They embarked upon a political mission, sacrificing their reputations, their credibility,
and kids. He said, States have an interest in ensuring
that minor patients have the time and capacity to fully
understand the irreversible treatments they may undergo. This is why
I said the question was about age, not sex. It's
about age and the kids be being that young cannot
consent because they don't understand. We have age restrictions on
all sorts of things for this very reason. Well, if
I'm a parent, I want to let my kids smoke cigarettes,
I should be allowed to. I want them to drink alcohol. No, no,
all right. If you're listening to this show, you know
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ground News as they make the media landscape more transparent. Alrighty,
So the Supreme Court upholds the Tennessee law that bans
childhood trans surgeries and pharmaceutical interventions and such. This is
from Jane Coleman at Legal insurrection dot com talking about
the six' three. Ruling she, said back In, JANUARY i
predicted how The court would rule and why it would
rule that. Way THE Us Supreme court will Uphold tennessee's
transgender care ban for miners because the law does not
discriminate based on. Sex the restrictions in the law are
based on age and, use and so that treats both sexes.
Equally and because transgender care is a hotly debated area of,
medicine The court will rule that it should be left
to lawmakers who take expert testimony and are accountable to
the people they, represent not. Judges the states will determine state,
policy the state, legislatures the. Governor, so she, says it
came as some relief yesterday When Chief Justice roberts joined
by the other five conservative justices and over the descent Of, Kagan,
sotomayor And, jackson they reach the same conclusion for the same.
Reasons in The Tennessee, Statute Senate bill one doctors are
forbidden from prescribing puberty blockers and hormone therapy to children
until they turn. Eighteen Sex change surgeries for miners are
also prohibited by the, statute although they were not directly
ch challenged in the lawsuit because that would be a
much more difficult case to. Argue, Right, no we have
to let this twelve year old mutilate their bodies for
the rest of their, lives you. Know so they didn't
sue over. That they just sued OVER i just want
some hormone. Therapy the court held that The Tennessee band
did not violate the Equal protection clause by discriminating based
on sex because it does not discriminate based on. Sex,
again its distinctions are based on age and. Use it
prohibits healthcare providers from administering puberty blockers and hormones to.
Miners so there's your age and for certain medical uses
regardless of a miner's. Sex, Right, so if a twelve year,
old let me, say a fourteen year old girl has
early onset puberty or late onset, puberty, whatever she can
get the hormones needed to treat that. Condition, however if
a boy goes in there asking for the estrogen without
any kind of underlying diagnosis of you, know early onset
puberty or. Whatever they. Cannot they, cannot because that's not
to treat the thing that they've. Got if they have
a diagnosis that they, hey you, know they're sixteen years
old and they haven't started puberty. Yet, okay we need some.
Testosterone no, no, NO i want estrogen Because i'm. Trans,
well that's not the treatment for delayed onset, puberty. Right
the court also ruled that the law doesn't discriminate against
transgender individuals because it doesn't classify based on transgender. Status
and Again Clarence thomas rejected the government's arguments for deferring
to the quote authority of the expert Class he said
before this, court THE us government asserted that overwhelming evidence
supports the use of puberty blockers and cross sex hormones
for treating pediatric gender, dysphoria and that this view represents
the quote overwhelming consensus of the medical. Community but he
says the treatments at issue are subject to a rapidly
evolving debate that demonstrates a lack of medical consensus over
their risks and their benefits under these. Conditions it is
imperative that the courts treat state legislation with a strong
presumption of. Validity Judge alito. Agreed he, said our role
is not to judge the, wisdom the, fairness or the
logic of the law before, us but only to ensure
that it does not violate the equal protection guarantee of
The Fourteenth. Amendment having concluded that it does, not we
leave questions regarding its policy to the, people their elected,
representatives and the democratic. Process, now some were very disappointed
that The court did not do more to end these
life altering trans. Treatments but While tennessee's victory is a
victory for all states with similar, bands the court's limited
ruling does not go any. Further but here's the. Thing it,
shouldn't because that's what the law was. About. Right blue
states that still subject their youth to these, risky, irreversible
unscientific procedures have nobody to blame but. Themselves they are
allowing it to. Occur their legislatures are allowing it to. Occur,
now there was A New York times piece on the
recent history of the trans. Movement because this ruling has
now got a lot of people inside that movement wondering
did we go too? Far and of course the answers
always know because the left can't go too. Far there
is no too far for the. Left but at least
The New York times has gotten around to documenting this.
Chronology we'll run through it in a. Minute here's a great.
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ten ninety nine to THREE wbt seven oh four five
seven oh eleven. TEN i Believe Benjamin ryan is the
reporter for The New York times that wrote this piece
how the transgender rights movement bet on The Supreme court and.
Lost and in the write up of this larger, article
it's behind a, paywall SO i have to ADMIT i
do not subscribe to The New York. TIMES i, KNOW i,
know BUT i don't, Subscribe and SO i WAS i
could not read the entire, writeup SO i read excerpts
of the entire excerpts of the article in various write
ups from people who apparently do pay for The New
York times. Subscription one of them is Hot Air John,
sexton and he says that a theme emerges in the
telling of the story that the far left got way
out of touch with Most americans on this issue in
ways that completely undermined their initial wins in. Court New
york Or North CAROLINA'S hb two gets an honorable mention
in the in this. Story by the, way in, Particular
sexton says THE, aclu which sued over this and argued
in front of The Supreme, court the a C lu
made some dubious choices which they may now regret in,
private though publicly they are still claiming this was all
a plot by THE maga, right not THE maga. Right boiled,
again the a c L u, said uh or. Sorry Anthony,
romero the ACLU's executive, director Told The New York, times,
QUOTE i didn't pick this fight around trans. Rights the
right wing conservatives of THE MAGA gop have made this
one of their cause celebree issues as a way to
kind of scapegoat individuals as a way to score cheap political.
Points see so THE aclu did not drive. This THE,
aclu they didn't pick this. Fight the left did not
pick this. Fight this was THE maga right that picked
the fight of, okay.
Speaker 2: All, right all, Right.
Speaker 1: We're Not we're not going to do this every, time all.
Right so that's their. Story that's THE aclu story, there
sticking to. It but almost everything else in the story
undermines that very self serving. Claim THE aclu was in
fact driving this bus from one victory to another until
a majority Of americans finally said, enough AS i would,
say if you're going to use the driving the, bus
they stormed the, cockpit if you, will, Right they rushed
the front of the bus Like Keanu reeves did in
that documentary Called, speed and took control of the bus
along the road to this. Ruling this it's called The
scremetti case because that's The Attorney general Of. Tennessee along the.
Road some believe THE lgbtq movement drove itself towards a
cliff and took The Democrat party with, it chaining The
biden administration to one of the most divisive issues In
american politics at a moment of shifting medical consensus and fierce.
Polarization according To The New York, times who Quotes Brianna,
wu a, transwoman so a dude who serves on the
board Of Rebellion Political Action Committee Rebellion, pack A democrat
political action. Committee wu, said it's one of the biggest
mistakes in the history of, transactivism which admittedly is not
a very long. History BUT i know some would beg
to differ with, that BUT i stand by. It what
follows in The New York times piece is a long
and detailed account of how The Dutch, protocol which we've
talked about in years, past how that got adopted by
gender clinics around the, world and how along with it
came radical redefinitions of basic concepts like sex and. Gender
The New York times, reports for, decades trans usually referred
to people of one sex who sought medical treatment to
help them pass as someone of the opposite. Sex within activist, circles,
though that idea began to give way to a concept
called self id self identification right routing gender identity in bodily.
Autonomy in the wider, culture, though concepts of gender were
becoming dizzyingly capacious or. Spacious there were so many of
them and even. Confusing, right do you remember the first
time you heard this? Stuff non binary. Cisgender by the
mid twenty, Tens time magazine declared That america had reached
a transgender tipping. POINT a transperson might identify as male or,
female or neither gender. Fluid the phrase sex assigned at,
birth originally devised to classify babies that were born with
ambiguous genitalia or other rare congenital, disorders was now employed
to suggest that biological sex was completely, arbitrary even a
kind of. Fiction, really, oh that's just what the doctor called.
You physicians increasingly then advocated a gender affirming a. Coach
in twenty, eighteen the gender affirming model was endorsed by
The American academy Of, pediatrics one of the country's most
influential medical. Groups, again The New York times, reports some
doctors and activists went. Further in a twenty nineteen journal,
article the trans Bioethicist Florence ashley argued that trans, people
including older, teenagers should not require a formal diagnosis of
dysphoria before gaining access to cross sex, hormones because that
was The dutch. Protocol you had to have the diagnosis,
first and then they were, like screw, that we don't
need any. Diagnosis rather than relieving supposed. Distress this transgender
bioethicist wrote that patients might be seeking a quote gender
euphoria or creative, transfiguration which sees the body as a
gendered art piece that can be made hours through transition related.
Interventions see there is no limiting principle to. Leftism it
can never go too. Far it. Can't it just keeps.
Going what do they always say on the? Left, forward progress.
Forward we're just gonna keep, going keep, going keep. Going
it can never go too. Far the only time it
can go too far is when people say you've gone too,
far and now give me the. Keys you're, Out you're.
Done you no longer drive this, bus all? Right so
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that createavideo Dot Com News talk, eleven ten ninety nine
to THREE, wbt reading From John sexton's piece at hot
air dot com about The New York times article how
the transgender rights movement bet on The Supreme court and
lost one of the people who held the maximalist views
on you, know trans, ideology person by the name Of Chase,
strangeo who was the. Lawyer That's chase Strange, geo the
lawyer who joined THE aclu and wound up arguing The
scrematti case before THE Us Supreme. Court and by the,
way that's not her real. Name she ditched her real
name took the Name chase Strange geo when she went
did underwent the. Transition so interesting story that's included in
The New York times. Piece in twenty, sixteen When North
carolina passed a bathroom bill requiring trans people to use
the bathroom of their birth, sex the left responded with
A tv. Ed in a spot that first aired On Fox,
news the woman is barred from a restaurant bathroom by
an angry, manager who backs down after two other women.
Intercede the trans woman says in a, VOICEOVER i was
born with a male, body but INSIDE i always KNEW
i was, female And Chase strangio found that. OFFENSIVE i
actually have argued With Chase strangio back during this twenty
SIXTEEN hb two debate before she was ever with THE.
Aclu strangio found this ad to be offensive because it
wasn't radical. Enough according to two people present for the,
Discussion strangio disputed that a trans woman could be born
with a male body or born. Male In strangio's, view
a trans woman was born a woman just like any other.
Woman there was no such thing as a male. Body
strangio told his her. Colleagues this is What strangeo. Said.
QUOTE a penis is not a male body. Part it's
just an on you usual body part for a.
Speaker 2: WOMAN i don't even why would it be, Unusual chase Strange,
eo what makes it? Unusual before the advertisement, Aired strangeo
elaborated on this critique in an article published over at
slate dot.
Speaker 1: Com. Quote many advocates defend the use of the born
mail or born with a male body narrative as being
easier for non trans people to understand. It of, course
it is easier to understand since it reinforces deeply entrenched
views about what makes a man and what makes a.
Woman but it is precisely these views that we must.
Change the. Left John sexton says the left won the
battle In North carolina and the bathroom bill was, overturned
then they kept moving. Forward on his first day in,
Office biden signed in order mandating that executive agencies interpret
the word sex in all federal anti discrimination law to
include gender. Identity so this covered prisons and schools and
all other institutions and such more or. Less BY, fiat
the administration had deemed self identification the law of the
land and then comes the, pushback and it really started after.
This it turned out a lot of voters were not
upset about trans adults using a, bathroom but they drew
the line when it came to. Children from The New
York times Piece Terry, shilling president of The American Principles,
project a conservative advocacy, group they, Said Terry shilling, says
there wasn't much of a difference in where people were
on sports than where they were on sex changes for.
Miners but we could not get politicians to talk about
sex changes for kids until the fight around sports got.
Started that's what shifted. Things now politicians could talk about
it in. Respect sponds to this, backlash groups LIKE wpath
began making transparently political, decisions writing their guidelines in such
a way that they could be held up in court
to defeat state. Bans but some people inside that organization
saw what was happening and called it, out Including Marcy,
bauers a surgeon WITH wpath their president, elect as Well Erica,
anderson a psychologist former president OF. Wpath but they continued
down the. Path they even Allowed Rachel levine to push
them into deleting age limits from the twenty twenty two.
GUIDELINES i talked about that when it. Happened, meanwhile THE
aclu had decided to take The tennessee case to The Supreme.
Court by the time they got to oral arguments Last,
December Chase strangio was actually using the term born mail
in the oral. Arguments the loss In scremette has some
trans people now wondering if it isn't time to Abandon
strangio style. Extremism that brand of trans politics is looking
more like a dead end these, days as polls show
solid majorities are against the more extreme manifestations of these.
Ideas but even now anyone who takes a different view
has to contend with the far left dead enders who
see any compromise as. Unacceptable But sexton, concludes it's good
to see The New York times chronicling this story in
a way that admits a few key, Points and the
first is that it was not the right that started this.
Push it was the. Left they, pushed and they, pushed
and they won for years in court they won and.
Won and one just as what happened with the adoption
of the defund the police people eventually, decided you know,
what that's too far that's a bit. Much we shall
see what happens with the other cases related to this
because they're in the. Pipeline all. Right that'll do it
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