Submitted by Mark Esposito, Guest Blogger
California professional golfer (and former police officer) Lana Lawless is challenging the LPGA’s rule requiring tournament participants to be “female by birth.” The LPGA has ruled, according to Lawless, that as a transgender woman, she is ineligible to compete. The rule seems to fly directly in the face of California’s Unruh Law which holds that all people in the state are “free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”
Lawless, 57, is seeking injunctive relief against the LPGA as well as Long Drive Association (LDA) and various tournament sponsors like CVS pharmacy and Dick’s Sporting Goods for allegedly conspiring to deny her civil rights and engaging in unlawful business practices to prevent her from competing. Lawless is also seeking monetary damages and a bar to all LPGA and LDA events in California. Interestingly, Lawless won the 2008 LDA long drive competition but alleges the LDA revised its rules thereafter to prevent her from competing in the future.
A copy of her Complaint is found here. Lawless may be on the cutting edge of transgender equality issues with her challenge to eligibility rules of private businesses. She does not raise constitutional issues in her Complaint but I wonder if such discrimination may be prevented under the holdings in the equal protection and interstate commerce clause cases.
Last July, a Georgia federal district court ruled that the Georgia General Assembly acted unlawfully in firing an employee who announced she was changing her gender. The decision was remarkably reached at the summary judgment stage and directly invoked the 14th Amendment’s equal protection provision arguing that the legislature’s action violated 42 USC 1983, that allows lawsuits against state officers who violate a person’s constitutional rights under color of any state authority. The specific allegation of denial of equal protection was that the Georgia legislature ” treated her differently due to her nonconformity with sex stereotypes.” Sounds a lot like the Lawless case to me. You can read about the Georgia case here.
For her part, Lawless is unperturbed by the legal wrangling over the law’s application to the LPGA and LDA rules. To her, it’s a simply an issue of fairness. “I could participate in female wrestling in international Olympic events” Lawless said,”but, here in my own state, in my chosen profession, because of blatant prejudice, I am excluded and discriminated against.”
In any event, it seems like the 14th Amendment will be getting a workout this year as these cases pass into the appeal process. I wish both plaintiffs smooth sailing. Under what arrogance may one individual dictate another’s lawful hopes, dreams, employment, loves, and actions? Seems the fight against unlawful discrimination and stereotyping never ends.
Source: FindLaw
~Mark Esposito, Guest Blogger
Thanks, Zoe, for adding the necessary shades of gray in an argument all too often colored in stark shades of black and white.
Dr J.Brian Harris wrote:
Formally diagnosed or not? Autistic or Aspergic? Are you a member of the Transgender PDD Yahoo group? There’s a far higher rate of ASD (Autism Spectrum Disorder) amongst Trans and Intersexed people than in the general population, so you’re not exactly rare. You probably know that, readers may not.
No, I don’t understand a lot of neurotypical shilly-shallying either. One can be honest without being obnoxious, and so much “embarrassment” over biology is irrational. Never mind, they feel it, we have to make allowances to be kind to them, no matter how irritating that can be.
Ironic isn’t it that I know exactly how you feel. Lots of practice working out how neurotypicals do I guess 😀
I can recommend biologist Dr Veronica Drantz’s talk on biological sex and gender.
It’s in 4 parts at http://aebrain.blogspot.com/p/dr-v-drantz-lecture-myth-science-of.html
I myself am technically speaking a “protandrous dichogamous pseudohermaphrodite”, but I prefer “woman”. “Intersexed woman” at a pinch. I don’t mind being called “transsexual” either, as although technically speaking I’m disqualified from such a diagnosis, I looked male at birth, and naturally changed to look female later. I “transitioned”.
Which was a GREAT relief. That’s not always the case though. See for example:
http://home.vicnet.net.au/%7Eaissg/2010_FamCA_237.pdf
A 14 year old girl, who without treatment, would start looking male, due to 5alpha-reductase-2 deficiency (5alpha-RD-2) syndrome.
That’s about 1 in 100,000 in the general population, but there are clusters in the Dominican Republic, New Guinea and elsewhere where it’s 1 in 50.
James M wrote:
Exactly what magical “gene test” do you propose? The IOC gave up long ago on that, too many obviously bizarre results. “Female” fathers of twins. “Males” who were pregnant.
For 59 out of 60, everything’s nice, near, consistent. For 1 in 60, there are minor anomalies. For ~1 in 1000, not so minor. For 1 in 100,000, positively weird.
Marnie wrote:
*Sigh* So much ignorance, so little time.
Ignorance is ignorance and ignorance is neither knowledge nor understanding.
Kim Elizabeth Stuart did a scholarly, scientific and competent study of transgendered people, though I was not included among the individual people she studied.
There were more than 60 copies of Stuart’s “The Uninvited Dilemma: A Question of Gender” listed on www(dot)bookfinder(dot)com a few moments ago, when I checked, and there were four new copies available.
Being ignorant is not a character flaw, it is merely a matter of personal circumstances.
Without naming any previous “commentor,” the notion that there are two, and only two, genders, male (exclusive-or) female is biologically ridiculous rubbish.
Autopsies done on transgendered people who did and did not have genital correction surgery has indicated that, for many transgendered people, brain structures which differ notably between males and females tend to have the structure associated with the persons gender identity and not their chromosomal identity.
On page 51 of “The Uninvited Dilemma is a poem, “The Constant Pretense,” the author not given, but it was also published in “The Phoenix Monthly-International, copyright 1981.
I shall give my interpretation, as paraphrase, of that poem, in prose, to avoid copyright problems.
Having the wrong body for my inner sense of self has been very painful, for I have needed to conceal my true self from other people to avoid being abused and violated. I have dreamed of living true to myself and true to others, but few people know themselves well enough to know anyone else in any real way. It grieves and saddens me to have to pretend to be someone I can never be, just to not be painfully alone. It is as though a dreadful mistake was made when I was given a body that lies about who I am. I work to be ready to deal with the scorn, derision, and rejection others may dump on me when I finally am able to be my real self in my real body. I will work and work to become ready, for life is worth what it will require for me to become, finally, fully alive.
No person can tell another person what the other person is.
The few people who know themselves well enough to be able to know someone else really well, invariably know themselves well enough to know better than to define another person.
I gather that I know and understand myself well enough to know and understand that.
In case you didn’t get it before, I am a member of the transgender community. I tell what I tell from direct personal experience.
Being both transgendered and autistic, I have a form of freedom that may not be available to people who are transgendered and not autistic.
I attend to who I am independently of social notions. Not everyone is sufficiently autistic to be able to do that with unquenchable resolve.
Please do not denigrate my transgender kindred by imposing ignorance upon us.
Tootie,
I cannot seem to understand. Are you racist? I would not be able to gather this from your posts. Some people think you are. I am crushed if you are. Remember I am a black Cuban Jew with Spanish and white French thrown in.
This also ranks up there maybe a little higher than Dr.Richards:
“Christine Jorgensen was not the first surgically altered transsexual woman and not even the first American transsexual, that award goes back a long way – read about that here, but she did change what being transsexual meant in press terms.”
http://www.transgenderzone.com/features/ChristineJorgensen.htm
As long as you don’t mind them being on the shelf next to the “mespo for Pope!” wear. 🙂
BIL:
“I don’t get upset when people call me a smartass or vicious. Why? Because I’m a vicious smartass.
****************************
Should we order some team t-shirts?
I don’t get upset when people call me a smartass or vicious. Why? Because I’m a vicious smartass.
Seconded 🙂
Tootie:
“For example, blacks are subject to Sickle Cell Anemia. Whites are not. This is a proven biological fact and we can discuss it without being called racists.”
*********************
This statement is utter foolishness. Here are the stats:
Nationally, it is estimated that more than 80,000 Americans are living with sickle cell disease, according to the National Institute of Health (NIH, 2007).
1 in 375 African Americans are living with sickle cell disease.
1 in 1100 to 1400 Hispanics are living with sickle cell disease.
1 in 58,000 Caucasians are living with sickle cell disease.
Sickle cell trait, the healthy carrier state for sickle cell disease, occurs in approximately 1 in 12, or 8 percent of African Americans.
The sickle gene is also found in people from South and Central America, the Middle East and the Mediterranean.
It is estimated that over two million Americans are sickle cell trait carriers.
~Virginia Department of Health
Tootles,
People call you a racist because that’s what you act like. Just like they call you a bigot, a zealot and a homophobe. Because that’s what you act like. No matter what your fevered “belief”, it’s not a conspiracy. It’s simply a reaction to your hateful retrograde nonsense.
I don’t get upset when people call me a smartass or vicious. Why? Because I’m a vicious smartass.
However, being sentient enough to own what you are requires enough self-examination and honesty to know what you actually are – as opposed to what you simply believe you are which may be based on delusion – including the delusion that you are not as people perceive you based upon your statements and actions. For somebody supposedly big on self-reliance and personal responsibility, you certainly have a penchant for trying to avoid the responsibility and the consequences of the hated filled myopic nonsense you spew on a regular basis. While people may think you are a lot of things? Sentient usually isn’t one of them. Or honest about your true nature to yourself for that matter. But that couldn’t possibly be because you act like a racist and a bigot and then call anyone who calls you out on it a racist or a bigot. Why that would be just plain hypocritical, wouldn’t it? (rhetorical) And smearing others as guilty of your sins is a well known tactic of propagandists and liars. Just ask Karl Rove.
JILL Chavez:
Generally, only racists think I’m racist (they use the accusation against me for cover).
No, I am not a racist. I am a Christian and I believe that all mankind is “of one blood”. This means down to the DNA. We are all the same family. All persons we now see on earth came from Noah and his three sons (and their wives, naturally).
Blacks, Asians, and Whites are all the same family.
But I do recognize genetic differences among the large distinct groups who make up the human race (this is because I understand science).
For example, blacks are subject to Sickle Cell Anemia. Whites are not. This is a proven biological fact and we can discuss it without being called racists.
But try to discuss intelligence–also a biological factor that even extends to large biologically similar human groups–watch out. The filthy leftists go ballistic. Science is tossed out the window for the sake of making rude political points, screaming racism, and inciting violence.
The genetic differences between humans are typical (though not so diverse) of the genetic differences in all other species. Birds for example. Filthy leftists don’t seem to mind that Robins select Robins or Wrens select Wrens, but they do mind if whites select whites. That seems to really REALLY bother them. Naturally, it is okay with them if blacks select blacks, or Asians select Asians.
It’s hard to understand what motivates these people. For example, they are very satisfied that black people abort their offspring at a rate about five times that of whites.
Whatever the case may be, know this, the filthy leftists have determined that if you use the word “white” is a potty word. They are the gods of the dictionary and you need to know they have this power over the rest of us all. Naturally, you can freely say black or Asian. Filthy, white, leftists have determined that those words are not potty words.
Filthy leftists feel they have the right to call frank talk about the scientific and biological differences between human groups racism. This is because they are evil and wish to stop any scientific investigation or discussion about human biological differences that might disagree with their world view or the nature of mankind.
Also, they think I’m a racist because I point out that the US government is committing genocide against white Americans though immigration. They haven’t told me why white Americans were once about 90 percent of the US population and are now quickly headed towards being a minority (except to suggest that whites might be too dumb to copulate). But they assure me it has to do with MY racism and not the racism of others.
From what I gather from the filthy leftists, it is immoral to let whites congregate in the United States. Naturally, this is so based solely on the fact that they (whites) are white.
But, they say I’m the racist.
You got some indication of how this works from the last election season when any political gathering of people who gathered while white was called a racist act. One wonders when the filthy leftists will outlaw people from gathering together while white? When wonders how the emails went out: Calling all Whiteys to the Stadium! Saturday, October…..
Since I do not know another example of a monumental and unprecedented replacement of a dominant racial group by another (outside of mass murder or deportation) I’m confused as to what caused this situation since the dominant racial group (whites) never agreed to reduce their genotype to minority status. This is presumably a violation of International Law and the right to national self-determination.
But, hey, this is just a legal theory blog.
One is right to be confused about all this.
For example, it was and is the filthy leftists who for decades have condemned Americans (still a majority of whites) for having too many babies in America. It’s the precious environment you see. We (whites) are, apparently, parasites and we must stop reproducing. All this is told us WHILE at the same time the filthy leftists invite a nations-worth of nonwhites into the country who have a reproductive rate that outstrips whites.
So, one wonders what they are up to when they counsel whites to have a zero population growth rate AND at the same time attempt to sneak in tens and tens of millions of nonwhites who reproduce like bunnies.
In other words, it is evil for whites to reproduce at a high rate in the United States and good for nonwhites to reproduce at a high rate in the United States. And the filthy leftists say so.
But, understand, I must be the racist. Our immigration policy discriminates against whites and favors nonwhites. Our ecologists since the 1960s tell Americans (still mostly whites) to have zero population growth. The government invites in a country-sized group of fecund nonwhites. Obama takes away from the health care benefits of frail elderly whites and gives this to the strong, YOUNG, healthy nonwhites. Whites largely pay for the social services of nonwhites who rely more heavily on welfare. And thus whites are forced to have small families because they are also supporting the larger nonwhite families and (PSST, I’M NOT SUPPOSED TO NOTICE THAT ALL OF THIS IS GOING ON IN FRONT OF MY FACE).
And heaven forbid that I should call it what it most looks like: GENOCIDE.
I already posted comment to you and Chan L on another thread:
http://jonathanturley.org/2011/01/27/time-to-apologize-rush/#more-31137
Marnie,
You need to do a little more research into the matter. These aught to help.
http://en.wikipedia.org/wiki/Gender
http://en.wikipedia.org/wiki/Androgen_insensitivity_syndrome
JamesM, she is a she for the purpose of EO law. That’s about as legal as it gets.
Some people still use the term “she-male” to describe fully reassigned male to female people but that is a pejorative. I only bring that up because I was watching some TV show within the last week or so and one of the commentators used that term. They weren’t being ‘funny’ or, it didn’t seem, disingenuous or deliberately insulting. It was just the term they seemed to think was correct. The commentator, who’s name I don’t recall, was well known enough to me that I was really surprised because he should have known better.
OS,
good one. Dr. Renee Richards was so scadalous in her day. I can remember watching the tv coverage of her situation just before going to law school.
Otteray Scribe, Yes, good catch, I had forgotten about Dr. Richards. Thanks.
@Jill: I have no idea how or where racism came into this argument. Please explain.
Tootie,
Are you racist? If you are I am disappointed. I am crushed. I think you don’t like people that are different from you. Are you white?