Tag Archives: Obama Transgender

Another Federal Judge Shoots Down Obama Directive “Nothing ambiguous about Title IX’ | Aug 2016

Judge in Texas temporarily blocks Obama’s transgender rules

– Yahoo

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“AUSTIN, Texas (AP) — A federal judge in Texas has blocked the Obama administration’s order that requires public schools to let transgender students use the bathrooms and locker rooms consistent with their chosen gender identity.

In a temporary injunction signed Sunday, U.S. District Judge Reed O’Connor ruled that the federal education law known as Title IX “is not ambiguous” about sex being defined as “the biological and anatomical differences between male and female students as determined at their birth.”

The judge said the order would apply nationwide. The ruling, he said, was not about the policy issues of transgender rights but about his conclusion that federal officials simply did not follow rules that required an opportunity for comment before such directives are issued.

“This case presents the difficult issue of balancing the protection of students’ rights and that of personal privacy … while ensuring that no student is unnecessarily marginalized while attending school,” he wrote.

The ruling was the second recent setback for transgender advocates. Earlier this month, the U.S. Supreme Court ruled that a Virginia school board can block for now a transgender male from using the boys’ restroom while justices decide whether to fully intervene.

Texas and 12 other states challenged the White House directive as unconstitutional.

The judge also sided with Republican state leaders who argued that schools should have been allowed to weigh in before the White House mandate was announced in May.

Texas Attorney General Ken Paxton, a Republican, had argued that halting the Obama order before school began was necessary because districts risked losing federal education dollars if they did not comply. Federal officials did not explicitly make that threat upon issuing the directive, although they also never ruled out the possibility.

“This president is attempting to rewrite the laws enacted by the elected representatives of the people and is threating to take away federal funding from schools to force them to conform,” Paxton said. “That cannot be allowed to continue, which is why we took action to protect states and school districts.”

….Continue reading @ Yahoo News

Journal: Transgenderism ‘Not Supported By Scientific Evidence’

– Daily Caller

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“Although popular culture and many of the leading media organizations have bought wholeheartedly into the idea that gender identity is something distinct from one’s biological sex — that a man could be born in a woman’s body or vice versa — such beliefs have no grounding in any credible scientific evidence, according to a report published Monday in the journal The New Atlantis.

Arizona State University professor of statistics and biostatistics Lawrence S. Mayer and John Hopkins University Medical School professor of psychiatricsPaul McHugh co-authored the report, which examined top peer-reviewed studies in the biological, psychological, and social sciences.

“Examining research from the biological, psychological, and social sciences, this report shows that some of the most frequently heard claims about sexuality and gender are not supported by scientific evidence,” they noted.

Among the key findings listed by the authors was that, “The hypothesis that gender identity is an innate, fixed property of human beings that is independent of biological sex — that a person might be ‘a man trapped in a woman’s body’ or ‘a woman trapped in a man’s body’ — is not supported by scientific evidence.

“Children are a special case when addressing transgender issues. Only a minority of children who experience cross-gender identification will continue to do so into adolescence or adulthood,” the authors continued.

“There is little scientific evidence for the therapeutic value of interventions that delay puberty or modify the secondary sex characteristics of adolescents, although some children may have improved psychological well-being if they are encouraged and supported in their cross-gender identification. There is no evidence that all children who express gender-atypical thoughts or behavior should be encouraged to become transgender.”

“An area of particular concern involves medical interventions for gender-nonconforming youth. They are increasingly receiving therapies that affirm their felt genders, and even hormone treatments or surgical modifications at young ages,” they added later.

“But the majority of children who identify as a gender that does not conform to their biological sex will no longer do so by the time they reach adulthood. We are disturbed and alarmed by the severity and irreversibility of some interventions being publicly discussed and employed for children.”

The report also found that, “The understanding of sexual orientation as an innate, biologically fixed property of human beings—the idea that people are ‘born that way’—is not supported by scientific evidence.”

“While there is evidence that biological factors such as genes and hormones are associated with sexual behaviors and attractions, there are no compelling causal biological explanations for human sexual orientation,” the authors explained.”

…More @ Daily Caller

 

Court blocks federal government’s ‘guidance’ on transgender bathrooms

– Washington Post

“In an order filed Sunday, a federal district court in Texas issued an injunction barring the federal government from enforcing the administration’s position that federal civil rights laws require, among other things, that schools allow students to use those bathroom facilities that correspond with a student’s professed gender identity. This position was detailed in a “Dear Colleague” letter issued by the Education and Justice departments in May.

In a 38-page opinion, Judge Reed O’Connor concluded that the plaintiffs had standing to challenge the guidance documents at issue, that their claim was ripe for judicial resolution and that they had a substantial likelihood of success on the merits. The decision, in yet another case captioned Texas v. United States, will certainly be appealed.

The most important part of the decision was the court’s conclusion that the DOE/DOJ guidance was invalid because the agencies failed to go through a notice-and-comment rulemaking before declaring that, for instance, school districts are obligated to accommodate the stated gender identities of students under existing federal law. I think this is correct.

For years, most schools understood Title IX as applying to biological sex and existing law made it clear that schools could (but were not required to) provide sex-segregated bathroom and locker facilities. Whether or not the guidance is a good idea, it certainly represents a significant change in what schools are expected to do, and puts substantial amounts of federal funding at risk should schools fail to comply.”

….Continue reading @ Volokh Conspiracy | Washington Post

Obama’s New HHS Directives Mandate Transgender Medical Rights | May 2016

New Obamacare Transgender Regulations Threaten Freedom of Physicians

– the DailySignal.com

Sen. Barack Obama, D-Ill., speaks to LULAC on Tuesday, July 8, 2008 in Washington. (WDCPIX.COM/Lauren Victoria Burke)
Sen. Barack Obama, D-Ill., speaks to LULAC on Tuesday, July 8, 2008 in Washington. (WDCPIX.COM/Lauren Victoria Burke)

“The Department of Health and Human Services (HHS) finalized new transgender regulations for Obamacare on Friday.

These regulations threaten the religious liberty, freedom of conscience, and independent medical judgment of health care professionals. And, just as they did in the transgender school policy the Obama administration announced this morning, the administration has created these new Obamacare regulations by redefining “sex” to mean “gender identity.”

As Roger Severino and I explain in a Heritage Foundation report, these regulations will create serious conflicts of conscience for many organizations, hospitals, physicians, and other individuals involved in healthcare.

By prohibiting differential treatment on the basis of “gender identity” in health services, these regulations will penalize medical professionals and health care organizations that, as a matter of faith, moral conviction, or professional medical judgment, believe that maleness and femaleness are biological realities to be respected and affirmed, not altered or treated as diseases.”

The regulations create special privileges based on gender identity that will lead to unreasonable and costly litigation for physicians, hospitals, insurers, and others involved in health care. They will effectively require controversial procedures, such as “sex-reassignment” surgery, that respected medical professionals argue have not been proven to be effective in treating serious mental health conditions. Rather than respect the diversity of opinions on sensitive and controversial health care issues, the proposed regulations endorse and enforce one view.

These new regulations go beyond what Congress established in Obamacare.”

…Continue reading @ DailySignal.com

 

New Obamacare Regulation Presses for Sex Change Surgery Coverage

– Newsmax

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“The new HHS directive enforces the Affordable Care Act’s section 1557, which forbids discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities.

In addition to  ruling that “categorical coverage exclusions or limitations for all health care services related to gender transition are discriminatory,” including services such as breast implant surgery, hormone therapy and sex change surgery, the directive says:

  • Women must be treated equally with men in the health care they receive and the insurance they obtain;
  • Individuals must be treated consistent with their gender identity, including in access to facilities;
  • Individuals cannot be denied healthcare or health coverage based on their sex, including their gender identity and sex stereotyping;
  • Providers  may not deny or limit treatment for any health services that are ordinarily or exclusively available to individuals of one gender based on the fact that a person seeking such services identifies as belonging to another gender;
  • Sex-specific health programs or activities are permissible only if the entity can demonstrate an exceedingly persuasive justification, that is, that the sex-specific health program or activity is substantially related to the achievement of an important health-related or scientific objective.

The final rule applies to “any health program or activity” that receives funding through the HHS, including hospitals or doctors accepting payments through taxpayer-subsidized programs such as Medicaid, Medicare, or Obamacare marketplaces.

Medicare, meanwhile, was ordered to remove a ban on coverage of gender reassignment surgery back in 2014.”

…Continue reading @ Newsmax.com

– The comments section is lively on this topic.

 – And a previous move on the timeline of this movement…….which appears more political than academic in an atmosphere which has always prided itself on objectivity and academic freedom.
Napolitano never had the slightest experience with the University of California nor of its history, which her unilateral actions make quite clear was an exceedingly poor choice to run it./CJ

 

Gender identity is now multiple choice for UC admission

– SF Chron

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“Until now, checking off a gender box for admission to the University of California was as simple as marking male or female — but not anymore.

Starting this fall, students applying for undergraduate admission to UC campuses will have the option of picking among six genders and four sexual orientations when asked how they want to be identified.

In addition to male and female, students will have the option of checking trans male, trans female, “genderqueer/gender nonconforming” and “different identity.”

As for sexual orientation, the choices are heterosexual or straight, gay or lesbian, bisexual, or “not listed above.”

There is also a new box asking students what sex they were assigned at birth a choice limited to male or female.

“It’s just like other demographic information collection — it has no effect on admissions,” said UC spokeswoman Kate Moser.

The idea, she said, was borne out of UC President Janet Napolitano’s special advisory body — the UC Task Force and Implementation Team on Lesbian, Gay, Bisexual and Transgender Climate and Inclusion — which has been looking at ways to improve the university’s culture and “to make it more welcoming to students in the LGBT community.”

Other task force recommendations already are being put in place. As of last month, for example, any new buildings or those undergoing major renovation at UC campuses are required to have gender-neutral restrooms.”

…Continue reading @ SF Chronicle