Ninth Circuit Court of Appeals to Decide Who Qualifies as a “Woman” Athlete in Idaho

Is a particular person was a "woman"? For most of my life, everyone I knew would say that the question is answered by considering what kind of genitals that person had. For many people, the answer to that question is no longer answered purely by biology. And to make the discussion all-the-more confusing, transgender activists insist that "intersex" conditions are relevant to this discussion while others consider intersex a red herring.

Lindsay Hecox v Bradley Little [Governor of Idaho] will weigh in on this issue.  This appeal is pending in the Ninth Circuit (and perhaps headed to the United States Supreme Court). The context is transgender sports competition involving students in Idaho. A new Idaho statute is the focus of this lawsuit. The following excerpt is a description of Idaho law taken from the appellate brief of Idaho (the Defendant):

The statute at issue is the Fairness in Women’s Sports Act, Idaho Code §§ 33-6201 through -6206. The Act excludes members of the male sex from participating in sports designated for athletes of the female sex due to males’ physiological advantages, consistent with settled Ninth Circuit law . . . . The Act also permits male and co-ed teams, both of which are open to members of either sex. See Idaho Code § 33-6203.

To ensure the Act’s protections for female athletes, the Act provides that if a dispute arises over a student’s sex and eligibility for female sports, the student may establish female sex in one of three ways: through a high school health examination and consent form signed by a health care provider, which all student-athletes must submit; through another written statement signed by the student’s health care provider; or through a sports physical examination, in which the health care provider relies on one of three specified criteria to determine sex. See Idaho Code § 33-6203(3). See also ER 417-19 (Idaho High School Activities Association Health Examination and Consent Form); IHSAA Rule 13 (requiring high school athletes to submit form). The Act does not provide any sex-verification procedures for male or co-ed sports, because they are open to all, regardless of sex. In support of the bill, the Idaho Legislature made a number of findings based on court decisions, scholarly publications, and scientific studies recognizing the physiological advantages members of the male sex have over their female counterparts. Idaho Code § 33-6202(8)-(11). The Legislature also described the Act’s purpose:

Having separate sex-specific teams furthers efforts to promote sex equality. Sex-specific teams accomplish this by providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that flow from success in athletic endeavors. Id. § 33-6202(12).

Plaintiffs describe the Idaho law at page 8ff of their brief.

A federal trial court granted an injunction, holding that the above law violates federal law. See the Idaho Brief at pp 6-7 and the Plaintiffs' brief, pp. 2-4 for more detail. This is a fascinating set of briefs for many reasons, one of them being that if you read both briefs, it is often hard to believe that they are describing the same lawsuit. That is because the crux of the case is whether one of the two plaintiffs, Lindsay Hecox, is more accurately described as male versus female. Consider Hecox's descriptions in the two briefs:

[From the Plaintiffs' Brief, p. 15: "Lindsay is a woman athlete living in Idaho who is transgender." Plaintiffs' brief includes a photo of Lindsay:

[From Defendant Idaho's Brief] "One plaintiff is Lindsay Hecox, who is transgender, and whose sex is male but whose gender identity is female."

Both sides agree that Lindsay is "transgender." As you can see, Plaintiffs claim she is "a woman" while Idaho states that the "sex is male."

I haven't yet read every word of every brief, but I have reviewed a lot of the filings.  In case anyone is interested in following along to see exactly what is being claimed as far as the "facts" or the law, you are welcome to click on the links below.  My focus is biology, but the Plaintiffs claim that biology does is not determinative.

Continue ReadingNinth Circuit Court of Appeals to Decide Who Qualifies as a “Woman” Athlete in Idaho

Your Inner Fish For the Holidays!

You've seen all of those standard fare Christmas shoes over and over.  It's time to shake things up this holiday season.  Instead of watching predictable shows, or a show with a ghastly ending, the Grinch that Stole Christmas, open your mind and take a look at this much-stranger-than-fiction trilogy created by biologist Neil Shubin. These informative and entertaining shows are available at no charge at PBS.

Episode I - Your Inner Fish
https://www.pbs.org/video/your-inner-fish-program-your-inner-fish-2/

Episode 2 - Your Inner Reptile
https://www.pbs.org/video/your-inner-fish-program-your-inner-reptile/

Episode 3 - Your Inner Monkey
https://www.pbs.org/video/your-inner-fish-your-inner-monkey/

Continue ReadingYour Inner Fish For the Holidays!

Keira Bell’s Case is Unfreezing News Media that Have Been Reluctant to Discuss Rampant Transgendering of Teenaged Girls

The legal proceedings regarding Keira Bell are forcing the reluctant news media to begin discussing this serious issue regarding a vulnerable population of teenage girls being cajoled into harsh medical treatment for undiagnosed gender dysphoria. The silence of the news media has found synergy with bad science and dangerous medical practices.  Here's an excerpt from Quillette article titled "Like It Or Not, Keira Bell Has Opened Up a Real Conversation About Gender Dysphoria":

The policy reckoning we are now beginning to observe has been a long time coming. And Ms. Bell’s role is an important one, as trans activists have long sought to discredit or ignore the growing ranks of desisters—those, such as Ms. Bell, who once presented sincerely as trans, but later reverted to an identity consistent with their real biological sex. Even media that formerly had toed the progressive line on the issue of gender dysphoria are now finding the courage to run articles about vulnerable girls—many of them autistic, depressed, or socially insecure—who suffer regret after a period of trans self-identification.

Continue ReadingKeira Bell’s Case is Unfreezing News Media that Have Been Reluctant to Discuss Rampant Transgendering of Teenaged Girls

Cappadocia, Turkey, From the Air

Tonight I found many digital negatives I had previously overlooked and used them as fodder for new photography software I'm learning (Luminar AI). I'm really happy with the results. These images are from a balloon ride in 2017 in Cappadocia, Turkey. This has got to be one of the most beautiful and historically interesting places in the world, southeast of Istanbul and 300 miles north of the Syrian border. Enjoy the ride!

[Click through for a gallery of photos from Cappadocia, Turkey]

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More Images From Istanbul

I've been learning a new software package for digital images (Luminar AI). More on that software soon. In the meantime, I've been reworking more images from my prior trips to Istanbul. I've recently posted these images. Here are a few more that I reworked today. This was a working vacation--I taught at two Turkish Law Schools, one of which was Kadir Has University. My friend Olguz--a student at Kadir Has--arranged for me to give the lecture. He indicated that I would be treated to lunch prior to the lecture and that it was a beautiful view. And, indeed, it was:

The next photo is from the lecture at Kadir Has:

I'll add two more photos from the inside of Hagia Sofia. I walked past this amazing structure almost every day I was living in Istanbul. I worked hard to get images that captured the size and splendor, but most of my photos failed.  Here are two that I liked.  First, here's a shot of the 2nd level of Hagia Sofia from a 2nd floor balcony:

Here's the last photo in this series: I shot through a big ornate light figure to capture the ceiling of the structure.  I liked this enough to blow it up - - it's currently hanging on my bedroom wall.

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