(link) On Wednesday, a divided panel of the New Orleans-based U.S. Court of Appeals for the Fifth Circuit ruled, in 2–1 fashion, that a transgender litigant — a biological male who suffers from gender dysphoria and subjectively feels that he is a female — cannot require a court to address him using female pronouns. 

The case, U.S. v. Varner, pitted Reagan nominee Judge Jerry E. Smith and Trump nominee Judge S. Kyle Duncan in the panel majority, against Clinton nominee Judge James L. Dennis as the lone dissenter. What made the opinion particularly fascinating was that Duncan’s majority opinion used male pronouns, whereas Dennis’ dissent used female pronouns.

“No authority supports the proposition that we may require litigants, judges, court personnel, or anyone else to refer to gender-dysphoric litigants with pronouns matching their subjective gender identity.”

In a nutshell: You may have favorite pronouns to describe your biological identity but the court doesn’t care.
In life, one may hate a father, trample a flag, mock Christ, lust for a sister, rejoice at seeing a Muslim woman lashed to death for removing her headscarf, and so on. But you can’t force people to refer to you in a gender specific way that does not match your genetic code. Not anymore.

8 COMMENTS

  1. Identify yourself as whatever you damn well please, but don't expect me to help you celebrate it. Nice to see a rational decision from a court. Another example of elections having consequences. If the felon had been elected, the decision would have been very different.

  2. That was sort of my point. The arrival of Trump judges is starting to slow the national insanity. Another four years will only make it better.

  3. Another site was talking about the multiple noun articles (where English only uses 'the') and declensions found in other languages. If those countries were really serious about the umpteen different gender identities, wouldn't they be creating new articles and declensions for each of them?
    Frank

  4. Yeah.

    I don't know that even the truly weird can keep track of all thirty-something gender identities and the perversions that are attached. It's a lot like the Kama Sutra. And most of the world could care less beyond the two biological genders.

  5. A friend was at a seminar in Oxford and was asked what his preferred pronoun was. "Major," came the reply.

    They didn't like that very much.

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