{"id":360925,"date":"2021-03-31T16:31:27","date_gmt":"2021-03-31T20:31:27","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=360925"},"modified":"2021-03-31T16:31:34","modified_gmt":"2021-03-31T20:31:34","slug":"men-are-not-women","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/men-are-not-women\/","title":{"rendered":"Men Are Not Women"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">8<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fmen-are-not-women%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=360925&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/03\/fb_image-4870.jpeg\" class=\"ff-og-image-inserted\" \/><\/div>\n<p>Something is going to have to give when it comes to gender in this country. We\u2019ve lost our minds over it. There are now layers of nonsense, several precedents and many decades deep, piled over our basic constitutional framework. Congress is in danger of passing the <em>Equality Act<\/em> next, which would prohibit discrimination on the basis of sexual orientation and gender identity in employment and housing, casually dropping a nuclear bomb on religious liberty in the process. All of this is based on an unhinged philosophy with exactly zero basis in reality. It can\u2019t be allowed to stand.<\/p>\n<p>Title VII of the 1964 <em>Civil Rights Act<\/em> prohibits employers from discriminating against employees \u201cbecause of\u2026sex.\u201d In&nbsp;<em>Bostock v. Clayton County&nbsp;<\/em>last year, the Supreme Court decided that this also means no one can get fired for being gay or transgender. Justice Neil Gorsuch made a tortured argument that \u201cit is impossible to discriminate against a person for being homosexual or transgender without discriminating against the individual based on sex.\u201d For example: gay men do things (like sleep with and marry men) that women also do. So if you fire a man for marrying a man you have fired him when you wouldn\u2019t have fired a woman under the same circumstances.<\/p>\n<p>The sophistry of this argument reveals the limits of a purely \u201ctextualist\u201d approach to law, if \u201ctextualism\u201d means reducing a law to the ordinary public meaning of its various individual words. In this case, Gorsuch considered what \u201cdiscriminate\u201d and \u201csex\u201d meant in 1964, then cooked up a wholly unintended \u201cimplication\u201d of putting those two words together in a sentence. Words don\u2019t work that way. They don\u2019t just sit alone next to each other. They form sentences, which as a whole have a meaning greater than the sum of their parts. Everyone knows this, except apparently some lawyers, some of the time.<\/p>\n<p>In this case the whole law obviously meant, and was understood to mean, that you couldn\u2019t fire someone just for&nbsp;<em>being&nbsp;<\/em>a man or a woman \u2014 not that you couldn\u2019t fire a man or a woman for <em>doing&nbsp;<\/em>something, like demanding public recognition as a member of the opposite sex. Personally, I don\u2019t think you should fire anyone for being gay or transgender. Seems like a small-minded thing to do. But it\u2019s obviously not illegal under the 1964 act.<\/p>\n<p>Or it wasn\u2019t, until the court declared it so. The result of&nbsp;<em>Bostock<\/em>&nbsp;has not been careful parsing of Gorsuch\u2019s logic on the part of an informed citizenry. It has been a full-court press on the ludicrous notion that your sex just is what you decide it is. Activists took the ruling to mean that they were right all along: discrimination on the basis of being transgender just&nbsp;<em>is&nbsp;<\/em>discrimination on the basis of sex, which means your transgender identity is the same thing as your sex.<\/p>\n<p>\u201cIt is not possible to know a person\u2019s gender identity at birth, and there are no consensus criteria for assigning sex at birth,\u201d read a recent CNN <a href=\"https:\/\/www.cnn.com\/2021\/03\/30\/politics\/south-dakota-transgender-sports-kristi-noem\/index.html\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.cnn.com\/2021\/03\/30\/politics\/south-dakota-transgender-sports-kristi-noem\/index.html&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNG0gg6-fSkumNAPXS-4641oqeRWhw\">report<\/a>. This is the language of extremists like Judith Butler and her academic progeny, of people whose theories about the world correspond to no observable reality. Only it\u2019s no longer just the language of unhinged cranks: the official narrative of major legacy media sources like CNN is now that neither sex nor gender has anything to do with biology: if you think you\u2019re a boy, you\u2019re a boy.<\/p>\n<p>No one believes this. A very few people, who write books for a living and never have to think about what their words actually mean in real life, imagine that they believe it. Many more people, who work for places like CNN, say they believe it to win plaudits at dinner parties and to avoid public shaming from wokescolds.<\/p>\n<p>Nevertheless, radical gender theory like this is obviously garbage, and everyone with a functioning brain realizes it. Play with a boy for five seconds, then with a girl. They\u2019re different. Heck, plenty of <em>transgender&nbsp;<\/em>people \u2014 some of them of my acquaintance, some of them public figures like <a href=\"https:\/\/twitter.com\/buckangel?lang=en\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/twitter.com\/buckangel?lang%3Den&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNFTFYEsFqLXp_nwmvM2RUlfQz9JgQ\">Buck Angel <\/a>\u2014 realize that men are men and women are women. That\u2019s the whole premise of their identity as transgender, of their discomfort with their natal bodies and their pursuit of medical transition.<\/p>\n<p>But our ruling classes and our politicians have wrapped us all up in an elaborate dance of the seven veils trying to pretend it\u2019s not so. We are now all implicated in an absurdist form of public pageantry whose message is that simple wishing makes you magically transform into the sex of your choosing. This is dumb, and we should stop.<\/p>\n<p>But how?<\/p>\n<p><strong>Lawfare<\/strong><\/p>\n<p>Red state politicians across America are trying to figure out their best strategy for dealing with this state of affairs. The major flashpoint right now is women\u2019s sports, which are supposed \u2014 under the new regime \u2014 to admit biological males identifying as transgender females. Here is a good example of how gender dogma leads to conclusions that any sane person, Right or Left, should recognize as utterly cuckoo bananas (that is a technical legal term).<\/p>\n<p>Watch male rapper and amateur weightlifter Zuby \u201c<a href=\"https:\/\/twitter.com\/zubymusic\/status\/1100348562041462784?lang=en\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/twitter.com\/zubymusic\/status\/1100348562041462784?lang%3Den&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNFM83lZm1OG5Dym1NO6-WSL7H5plQ\">DESTROY<\/a>\u201d the British women\u2019s record for weightlifting and you\u2019ll see what I mean. Or listen to the heartrending testimony of parents and girls whose remarkable athletic achievements have been&nbsp;<a href=\"https:\/\/www.usatoday.com\/story\/opinion\/2020\/06\/19\/transgender-athletes-robbing-girls-chance-win-sports-column\/4856486002\/\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.usatoday.com\/story\/opinion\/2020\/06\/19\/transgender-athletes-robbing-girls-chance-win-sports-column\/4856486002\/&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNFWHmARjudUrdLkP-OTeL40NSM47g\">totally overshadowed<\/a>&nbsp;by bigger, faster, stronger men who say they\u2019re women.<\/p>\n<p>There are still more fearsome abuses to be mainstreamed down the line: if we don\u2019t put our foot down now, we\u2019ll see widespread public advocacy for&nbsp;<a href=\"https:\/\/twitter.com\/caraesten\/status\/1376728777925873665?s=20\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/twitter.com\/caraesten\/status\/1376728777925873665?s%3D20&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNETp2eNQUlL-HR49LkGUs1CRtzwoQ\">puberty blockers<\/a>&nbsp;and other pediatric interventions. Already, journalists and activists are developing a newspeak for&nbsp;<a href=\"https:\/\/twitter.com\/ACLU\/status\/1376649057775587332?s=20\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/twitter.com\/ACLU\/status\/1376649057775587332?s%3D20&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNGVEkgxzziwuj0gVbZ-EEa2TqXUjA\">condemning<\/a>&nbsp;any and all resistance to peak trans as an effort to \u201cban health care for trans youth.\u201d For those keeping score at home: health care = cross-sex hormones and genital surgery; trans youth = Davey, who\u2019s ten and has a lisp. Trans sports is a first step on the road to trans everything.<\/p>\n<p>There is thus&nbsp;<a href=\"https:\/\/thefederalist.com\/2021\/03\/10\/poll-letting-transgender-athletes-compete-in-womens-sports-is-an-unpopular-fringe-viewpoint\/\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/thefederalist.com\/2021\/03\/10\/poll-letting-transgender-athletes-compete-in-womens-sports-is-an-unpopular-fringe-viewpoint\/&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNHI114-S3l6xiew-NKig94zXcAHYQ\">enormous public appetite<\/a> for keeping girls\u2019 sports for girls, and doing it now. South Dakota Governor Kristi Noem, previously a darling of conservatives for bucking the national trend of inhuman and unconstitutional COVID-19 lockdowns, dodged left when she should have dodged right last week. Acting on bad advice from out-of-touch counselors, she <a href=\"https:\/\/apnews.com\/article\/legislature-south-dakota-legislation-kristi-noem-bills-59127fe856b9727300bd9264d9a38eff\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/apnews.com\/article\/legislature-south-dakota-legislation-kristi-noem-bills-59127fe856b9727300bd9264d9a38eff&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNHue-b5dZmZ5suNEomaeLrqeTI-zQ\">blocked<\/a> a bill that would have kept sports as they obviously should be \u2014 separated by gender and age to provide a level playing field for competition. Meanwhile Arkansas, Tennessee, and Mississippi all made the right move by signing bills into law that protect women\u2019s sports.<\/p>\n<p>Noem\u2019s stated reason for her decision was a concern that the law as written would have invited lawsuits and boycotts from the NCAA, which runs college tournaments. I sympathize with her, I have to say: in an <a href=\"https:\/\/www.foxnews.com\/politics\/tucker-kristi-noem-south-dakota-transgender-girls-sports\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.foxnews.com\/politics\/tucker-kristi-noem-south-dakota-transgender-girls-sports&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNHrO5uyutKRTxj76oHc9cLyJEAOTw\">interview<\/a>&nbsp;with Tucker Carlson she explained (quite ineptly, I\u2019m afraid), that she\u2019s running a small state and worries that she doesn\u2019t have the resources or the wherewithal to fight the holy hell of powerful and vindictive extremists who will surely descend on states that make a stand.<\/p>\n<p>But here\u2019s the thing: we are going to have to fight this in the courts. There\u2019s no other way out of the madness.&nbsp;<em>Bostock&nbsp;<\/em>made sure of that: we\u2019re not just up against national mania. We\u2019re up against national mania&nbsp;<em>codified in law<\/em>, an entire legal edifice designed to tell lies practically no one believes and enforce rules practically no one wants. We are going to have to make it our mission to overturn this crap.<\/p>\n<p>I don\u2019t really care&nbsp;<em>who<\/em> fights that fight. If Kirsti Noem doesn\u2019t have the stomach for it, eh, too bad. It\u2019ll probably hurt her chances in 2024. But someone\u2019s gotta do it. Whoever does will have the thanks and loyalty of sensible people everywhere. When laws like Tennessee\u2019s and Arkansas\u2019s get challenged in court \u2014 and the challenges will come, be assured \u2014 we can\u2019t back down from them. We have to insist that our elected representatives stand up for us.<\/p>\n<p><strong>Make Your Stand<\/strong><\/p>\n<p>Conservative, Inc. will object that this is judicial activism. It\u2019s not: judicial activism is a Supreme Court Justice turning one law into another by magic based on poorly applied and needlessly abstract theory. Fighting a court case over a legitimate injustice which arises from that error, with the hopes of overturning the bad precedent it set, is just\u2026doing America. It\u2019s one of the ways our government works.<\/p>\n<p>Precedents get&nbsp;<a href=\"https:\/\/money.howstuffworks.com\/10-overturned-supreme-court-cases.htm\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/money.howstuffworks.com\/10-overturned-supreme-court-cases.htm&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNGOOYsnbenpZqN8KOV0jBeD6Dqlpw\">overturned<\/a> all the time \u2014 and thank God, or <em>Dred Scott&nbsp;<\/em>would still be the law of the land. Sometimes Congress passes a constitutional amendment; sometimes&nbsp;<a href=\"https:\/\/en.wikipedia.org\/wiki\/List_of_overruled_United_States_Supreme_Court_decisions#Antitrust\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/en.wikipedia.org\/wiki\/List_of_overruled_United_States_Supreme_Court_decisions%23Antitrust&amp;source=gmail&amp;ust=1617306243117000&amp;usg=AFQjCNHqCwG1MZhyU144nIw3DV6X5i-44w\">another Supreme Court decision<\/a>&nbsp;reverses the previous one. Conservatives should want this to happen with&nbsp;<em>Bostock<\/em>. The law is bad. It\u2019s not working. It should change. That\u2019s like, representative government 101.<\/p>\n<p>There\u2019s a good alternative to the <em>Equality Act<\/em> called the&nbsp;<em>Fairness for All Act<\/em>, which protects the free exercise of religion and specifies carve-outs for religious entities to govern themselves according to their beliefs. But that law doesn\u2019t address the sports issue, and chances are good that somewhere down the line this stuff is going to end up in the courts. So let\u2019s say the ACLU sues some state or school or other over their refusal to let men play women\u2019s sports. Either that\u2019s it, and the state or school caves, or someone, somewhere, says \u201cenough is enough.\u201d The minute they do, the fight is on. And here\u2019s the thing about getting into a fight: you might lose. But you also might win.<\/p>\n<p>I\u2019m not here to pound my fist on the table about transgender people. I\u2019m not here to make their lives more uncomfortable than they already are. I\u2019m just here to tell you that absolutely no one sane \u2014 be they gay, straight, or whatever \u2014 believes in or wants the situation we have going on right now. We should be entirely unafraid to act as if that were the case, because it is. And we should accept the fact that wresting our country back from the unhinged minority that currently runs it is going to take guts, money, lawfare, and court cases.<\/p>\n<p>None of those are dirty words. Conservatives who have become allergic to any and all political scraps since the Reagan years are going to have to get over their squeamishness, because I\u2019m afraid that on this issue the future does not belong to the likes of Kristi Noem. There is nothing to be gained from backing down here except more debilitating gibberish and disgraceful state-sanctioned child abuse. There is plenty to be gained \u2014 including, I\u2019d wager, a big old bucket of as-yet unwon presidential votes \u2014 from taking a principled, reasoned stand and seeing it through.<\/p>\n<p>It shouldn\u2019t be hard to say that men are men, and women are women, and act accordingly. It\u2019s not hateful, and it doesn\u2019t conflict one bit with peaceful transgender people living their lives. But in an unhinged time, speaking the truth takes courage, for which there is no substitute. We either cowboy up now, or we regret it down the line. Those are our options \u2014 I know which one I prefer.<\/p>\n<p class=\"p1\"><i>The views expressed in this opinion piece are the author\u2019s own and do not necessarily represent those of The Daily Wire.<\/i><\/p>\n<p class=\"p1\"><i>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a&nbsp;<\/i><a href=\"https:\/\/www.dailywire.com\/subscribe\"><span class=\"s1\"><i>member<\/i><\/span><\/a><i>.<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Something is going to have to give when it comes to gender in this country. We\u2019ve lost our minds over it. There are now layers of nonsense, several precedents and &#8230;<\/p>\n","protected":false},"author":1,"featured_media":1893563,"comment_status":"close","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-360925","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/360925","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=360925"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/360925\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/1893563"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=360925"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=360925"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=360925"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}