🧵 Trump's 2-sexes order savages "gender identity." Here's why that matters to the future of "trans rights" litigtion.
2/ The ACLU is the legal genius behind trans. In its lawsuits, it defines gender identity as one's sense of one's gender, with M and F as examples. ACLU does not define gender. Judges assume it means sex, but it could mean anything.
3/ ACLU makes it sound like gender identity is based in biology, like sexual orientation. It is not. These quotes are from its complaint in US v. Skrmetti. https://t.co/FgYeBJbf3y
4/ ACLU's opposing counsel tend not to attack GI head on. They don't point out gender is undefined. They don't argue GI isn't based in biology. They adopt the term to explain their own ideas. From one of Tennessee's briefs in Skrmetti:
5/ Judges don't ask questions about gender identity. They often adopt the ACLU's definition. Judge Robert Hinkle in Florida pointedly declared GI was "real." He was responding to acid speeches by legislators, not the lawyers before him. https://t.co/lNXjQMFWW0
6/ Gender identity is not real. It's a rhetorical device that turns boys into girls. "The child is a girl because she has a female GI." ACLU's Chase Strangio has acknowledged GI is a ploy. In fact, many trans thought leaders roll their eyes at GI. https://t.co/t8Nnt1X7QP
7/ Gender identity isn't just a creature of lawsuits. It's also in the Hate Crime Prevention Act, Violence Against Women Act, various federal regs, the NY constitution, state civil rights laws ... It's not defined in any meaningful way there, either.
8/ So trans activists have been yanking everyone's chain about gender identity for years, and lawyers for the other side have been circling around the term wondering what to do. Now along comes Donald Trump.
9/ The 2-sexes order tells lawyers for the US government what to do when they see "gender identity" in a statute, regulation, legal brief, or court decision: Laugh. https://t.co/HK3BP9fVyL
10/ Voila.
11/ Let's break it down. Gender identity is not based in biology. Say it loud. ACLU can't prove otherwise, it's bluffing.
12/ ACLU supports nonbinary but doesn't want judges to know. That's why it gives M and F as *examples* of gender identities. It's also why Chase Strangio, who ID's as NB in real life, goes by Mr. Strangio in court. So call them out! Their idea of gender is not binary.
13/ Your gender identity is meaningful, according to ACLU. It's meaningful to you. But, says Trump, your GI isn't meaningful to anyone else. This is what many lawyers have shied away from saying about the kids ACLU represents. Their GI doesn't matter.
14/ ACLU doesn't come out and say it's trying to replace sex with gender identity. There's a lot of choreography. Pirouettes, sashays. Trump stops the music. "These guys are trying to replace sex with gender identity and it's lunacy."
15/ Picture all the lawyers who are fighting gender madness. They represent parents whose exes want to trans their kid, fired workers, states defending their bans on child gender med. When drafting their briefs they'll google, what's the US government's position on GI? Scorn.