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Why the 4th Circuit Ruling on Gender Dysphoria could help STOP Gender Ideology in schools
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Absent intent or authority as legal advice.
Recently, this man (Anthony Reed),
who goes by the Twitter handle @erininthemorn, tweeted this:
Mr. Reed is not directly over the target, however. First, this case hasn’t yet been appealed to the Supreme Court, and second, this case was not about “transgender people” being protected by the ADA.
The 4th Circuit opinion on Williams v. Kincaid says specifically on Page 3/4 “Williams suffers from gender dysphoria, a “discomfort or distress that is caused by a discrepancy between a person’s gender identity and that person’s sex assigned at birth.”
Unfortunately, Sheriff Kincaid’s attorneys for Fairfax County VA, fucked up because the court says “Sheriff Kincaid does not dispute that gender dysphoria falls within that definition. [of disability within the ADA]”
The 4th Circuit got it wrong on this, because semantics, while often used to judicially re-write laws, are a double edged sword in this case.
The Court says “For these reasons, we agree with Williams that, as a matter of statutory construction, gender dysphoria is not a gender identity disorder.”
IF this holds water on appeal, and SCOTUS rules likewise, then the gender ideology bullshit in schools is able to be directly confronted by the ADA, because the framework of gender ideology is that kids are forced to choose their gender, thus they are regarded as disabled, or with gender dysphoria until proven otherwise.
This means that the schools are automatically regarding children as disabled, and as such they are using coercion, (sometimes threats even by inference), intimidation, and interference with the children’s ADA exercise of equal access.
A child has a parent and the parent is the primary “auxiliary aid” and the primary “aid and encouragement” for the child to receive equal access. The schools are purporting to have “safe spaces” where the groomers, I mean teachers and other mentally ill psychopaths can have private conversations with the kids about their sexuality, while intentionally interfering with and denying parental interaction or knowledge. This violates ADA, whether or not gender dysphoria receives SCOTUS protection. Let me explain.
The parents are their child’s aid and encouragement, and this is a protected capacity under 28 CFR §35.134(b).
The child’s major life activities of sleeping, eating, learning, thinking, concentrating, interacting with others, communicating, speaking, and more, are directly tied to parental connection and “aid”. The ADA, Title II, protects those who “aid and encourage” another in the exercise and enjoyment of ADA rights, among which are equal access, and the right to be free from discrimination or coercion, intimidation, threats, or interference on the basis of disability - physical or physiological condition.
When the schools cut the parents out, at the very least, it is interference with the child’s rights to equal access.
Here’s the play by play:
The school regards your child as disabled, telling them that they have to choose their gender. This alone can create “(rapid onset) gender dysphoria”, but at the very least it regards every child as having gender dysphoria, by having this coercive crossroad of choice placed in the child’s mind along with the coercive directive that the crossroad must be navigated by the child without the parent’s involvement or knowledge.
28 CFR §35.108(a)(1)(iii) (Regarded as)
The school offers the child an “accommodation” of a forced choice of their gender, or other ideology training, mouse-mazes, or hormone therapy, or other compulsory attendance/performance, when the child is not yet to the age of consent for sexual relations. The accommodations that the school are offering (Gender ideology, in any form, training, films, books, HRT, changing closets, flags on a wall, drag queens/groomers at school, etc,) are accommodations that the child has NO DUTY TO ACCEPT, but without the parents involvement, the child won’t be able to exercise this right, which, again, is interference.
28 CFR §35.130(e)(1) “Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such individual chooses not to accept.”
See, the school is offering all of these “accommodations”, and the child has no duty to accept the accommodations on the basis of gender ideology and/or because the school regards the child as having gender dysphoria. Cutting parents out of the loop removes (interferes with) the child’s right to equal access by having their “aid and encouragement” (and/or “auxiliary aid” for disability).
Persons that aid and encourage, and even animals (service animals) that aid disabled persons are protected under the ADA. The schools, providing a “safe space” where parents cannot be participatory is untenable, and unlawful.
The Court decision says: “As Williams points out, many transgender people experience gender dysphoria, Am. Compl. ¶ 9, and both gender dysphoria and “gender identity disorder” (as it existed in 1990) are very “closely connected to transgender identity.” Br. of Amici GLBTQ Legal Advocs. & Defs. et al. in Supp. of Appellee 21; see also Grimm, 973 F.3d at 596. Given that correlation, we have little trouble concluding that a law excluding from ADA protection both “gender identity disorders” and gender dysphoria would discriminate against transgender people as a class, implicating the Equal Protection Clause of the Fourteenth Amendment. Cf. Christian Legal Soc. Chapter of Univ. of Cal., Hastings Coll. of the L. v. Martinez, 561 U.S. 661, 689 (2010) (declining to distinguish between conduct and status when the two are closely correlated).”
Title II of the ADA removes state immunity. They won’t be able to withstand an ADA approach on this. Schools are pumping this “regarded as” disability into your kids. It’s going to take action to change this. People will need to get off of their asses, and wallets, and fund this. I’m ready to move, and if you are, contact me at adarights (at) protonmail (dot) com. We’re going to need lawyers and others involved in this.
Or, just sit there, and let them have your kids. You choose.
P.D., JAY V SHORE, as Certified ADA Advocate
P.S. - If trans people are born in the wrong body, how can they have the right mind?