Some people who have gone through gender reassignment surgery or hormone treatment now warn that transitioning can be fraught with dangers.
Their warning came in a friend of the court filing in the potentially landmark case R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that will be argued in October before the U.S. Supreme Court.
The amicus brief lists nine people who tell their own stories about their realization and disappointment that gender reassignment not only failed but could also be dangerous.
They take sides with the Justice Department that the Equal Employment Opportunity Commission erred in ruling that gender identity should be a protected class under Title VII of the 1964 Civil Rights Act.
According to the brief:
Amici make the point in this brief that sex is binary, and the definition of “sex”, particularly as defined in Section 703 of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2, refers to male and female as grounded in biology—it is binary, fixed at conception, and objectively verifiable. Differences exist between males and females at conception at the biochemical and cellular levels and result directly from the defining genotypic difference between male and female mammals: an XY (male) sex chromosome constitution versus an XX (female) sex chromosome constitution. Every cell of a male is male, and every cell of a female is female. The distinction between the two sexes is not limited to the appearance of external genitalia or determined exclusively thereby….
Affirming the dysphoria in people suffering from gender identity issues as if they really were persons of the opposite sex only serves to lead those that are suffering with such issues away from finding the serenity and wholeness of being at peace with their bodies and identities. Forcing employers to affirm the denial of reality is not required by Title VII and is more likely to cause harm than good.
Should be an interesting read for those who insist that sex or gender (the meanings have been fogged) is not binary, but fluid. Do you suppose these nine will be called names for bravely revealing how the non-binary trope is not always correct? Or can we keep an open mind about this?
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