- - Monday, October 14, 2019


Gender identity and gender are not synonymous. To hold them as such is unlawful. For a law to be just, it must be based on truth. History bears that out.

Slavery was based on the untruth that black people were chattel. That lie was codified in the Constitution and later in additional laws. The 13th Amendment put an end to those untrue laws. But the lie was replaced with others that pinned the badge of inferiority on the previously enslaved. The 1964 Civil Rights Act finally put the nation on the right course by outlawing discrimination on the basis of race, national origin or sex (gender).

The argument that gender identity is subsumed under sex as a protected class is preposterous. If a white person sought membership or position in a racially exclusive black organization because he or she identified as black, membership denial could not be legally challenged successfully. Yet an affirmative decision is requested with regard to gender identity.

The fact of gender requires there be sexually restricted areas and aspects of life in society. Living and dressing as the opposite gender is not a new concept. In both the Revolutionary and Civil wars, some women did so in order to serve. However, that concept does not provide a basis for the legal fiction being demanded. Such would fundamentally infringe upon others’ rights, destroy the rule of law and compromise the power of the courts to render decisions that would be obeyed or enforced.


Silver Spring, Md.

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