Neil Munro – April 16, 2018
A federal judge in Washington State has declared that all civic groups nationwide must accept people of both sexes into their single-sex spaces and activities, or else be stigmatized and sued by the federal government.
In legal jargon, Judge Marsha Pechman declared in a lawsuit against the Pentagon’s “transgender” policy that the federal government must use its powers to champion people who want to live as members of the sex, either inside the military or outside, just as it must use federal powers to suppress racism:
Today, the Court concludes that transgender people constitute a suspect class. Transgender people have long been forced to live in silence, or to come out and face the threat of overwhelming discrimination. Therefore, the Court grants summary judgment in Plaintiffs’ and Washington’s favor as to the applicable level of scrutiny. The Ban specifically targets one of the most vulnerable groups in our society, and must satisfy strict scrutiny if it is to survive.
In this context, the term “strict scrutiny” means that people who say they are transgender must be treated as members of the opposite sex by all federal or state agencies, universities, schools and civic groups that accept federal dollars, except in rare circumstances. Judges would approve exceptions in rare circumstances that are absolutely necessary and also narrowly tailored to achieve an important goal.