Category: Affirmation Model

THOUGHTS ABOUT THE SKRMETTI DECISION

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By Ann Menasche

This piece is the opinion of the author and does not necessarily reflect the opinions of Feminists in Struggle as an organization.

Radical feminists, parents and many others holding a range of political views, welcomed the Supreme Court decision in U.S. v. Skrmetti issued on June 11th upholding the constitutionality of a Tennessee law banning the practice of so-called “gender affirming care” for minors under 18.  Many were anxious to put a stop to this medical experiment on a vulnerable group of children and teens, mostly girls, who are gender non-conforming, autistic, and/or survivors of trauma, a majority of whom, if provided appropriate support, would be likely to grow up lesbian or gay with their bodies and fertility intact.

The decision moved the struggle to the states against this sexist and homophobic practice (based on the idea that some people are born “wrong” and need “fixing” so their bodies “align” with sex stereotypes).  Already, 26 states have passed restrictions or bans on use by minors of puberty blockers, cross sex hormones, and cosmetic surgeries for “sex change” and more such laws are now likely.  This is good news especially for these “trans kids” whose bodies are being experimented on and permanently harmed.

But like all victories issued under this right-wing court, some of the reasoning in the decision may be a bit of a two-edged sword that could be used against women’s rights in the future.

The majority decision by Justice Roberts held that Tennessee’s law was not subject to heightened (“intermediate”) scrutiny under the Equal Protection Clause of the 14th Amendment because it did not classify based on sex.  Neither did the law classify based transgender status but merely regulates a medical procedure, removing one set of diagnosis – gender dysphoria or incongruence – from a range of treatable conditions.  Such classifications based on age or medical use are subject only to rational basis review.  This is easily passed here.  The Court points to medical and scientific uncertainty and the reviews and restrictions on use of these treatments on minors coming out of the UK, Sweden, Norway, and other countries.  Justice Roberts also distinguishes Bostock; and further points out that Tennessee law has nothing to do with sex stereotyping or restrictions on clothing, behavior etc. All good news.

However, the Court majority relies on and reinforces some very bad law – that discrimination based on pregnancy or pregnancy-related conditions, including bans on abortion do not constitute sex discrimination because not all women are pregnant, even though only women can get pregnant or seek abortions.  “Thus, although only transgender individuals seek treatment for gender dysphoria, gender identity disorder and gender incongruence – just as only biological women can be become pregnant – there is a ‘lack of identity’ between transgender status and the excluded medical diagnosis.”  Therefore, even were the ERA recognized as part of the Constitution and sex treated as a suspect class subject to strict scrutiny, abortion bans or other discriminatory treatment based on pregnancy could not be successfully challenged as sex discrimination with the current Supreme Court majority.

The concurring opinions are noteworthy.  Justice Thomas’ description of the horror of what “gender affirming care” actually consists of in practice is quite good; as is Justice Barrett’s review of why the transgender population does not share “the obvious, immutable or distinguishing characteristics of a discrete group” to be a suspect class, like sex or race.  Rather, the transgender population is “large, diverse, and amorphous.” and lacks a history of de jure discrimination that women and people of color have faced. The dissent points to bans on cross-dressing and sodomy laws as proof of de jure discrimination against transgender persons; however, in my view, those laws target gays and cross-dressers, and do not specifically target individuals with transgender identities or who medicalize to hide or deny their sex.

Justice Sotomayor’s dissenting opinion argues that discrimination based on transgender status is a sex-based classification, and that the Tennessee law is discriminatory.  She believes that hormones and surgeries are “a matter of life or death”; she also implies that it is possible to switch puberties.  Justice Kagan, while also calling for heightened scrutiny, to her credit, takes no view on how the Tennessee law would fare under such scrutiny.

Finally, not one Justice thinks sex discrimination claims under Equal Protection should be subjected to strict scrutiny.  Of course, there is no mention of the ERA.  Though sex is deemed immutable, because of the existence of biological sex differences that society “celebrates”, the Court unanimously rejects strict scrutiny for “sex” that is accorded race discrimination.  The entire Court is therefore committed to maintaining women’s second-class status.

Trump’s Threat to Women’s Rights & the ERA

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The Equal Rights Amendment MUST Be Published Before Trump Takes Office!

In view of recent election results and, despite denials, the clear intention of the Trump Administration to implement Project 2025, which reads as a male supremacist manifesto, it is imperative that Biden reverse his obstructionism and instruct the National Archivist, Colleen Shogun, to publish the Equal Rights Amendment as the 28th Amendment to the U. S. Constitution.  The ERA has met all the legal requirements, having been ratified by ¾ of the states, the 38th of which, Virginia, ratified on January 27, 2020.  Women have been waiting for over a century for the ERA to first be passed by Congress, and then be ratified by the required number of states.

The National Archivist is a ministerial position under the Executive Branch, and Biden is the only person who can reverse the decision by the Trump Administration to unconstitutionally interfere with its automatic publication following ratification by the requisite states, and reverse his own administration’s continuation of the Trump obstructionism.  The ERA represents our best, and only, real bulwark against the tide of male supremacism Trump promises to deliver.

We acknowledge that biological women, as a sex class, have enemies on the Left and on the Right. The embrace and promotion of gender ideology on the Left and its erasure of women has been breathtaking, despite its utter lack of scientific evidence; its having been founded on junk science; its clear misogyny and homophobia in its exaltation of sexual stereotypes; its disregard for the safeguarding of children and legitimate concerns of parents; the willful blindness to the real harms of medicalization, and the corporate pharmaceutical money behind it; the pain of detransitioners and regretters; and total disregard of the infringement on the sex-based rights and safety of women and girls.

In addition, the cancel culture, McCarthyist repression of free speech and de-platforming of anyone questioning gender ideology and so-called “gender affirming care”, has exposed the authoritarian nature of this men’s rights movement, which has captured the Left, with rare exception.

Among other issues such as Gaza, the border, the disastrous handling of the exit from Afghanistan, concerns about the price of living, etc., the Biden Administration’s elevating the rights of trans-identified males over the rights of women and girls and the promotion of gender ideology was one of the reasons that the Presidential Democratic ticket lost the election to Trump.

In following the dictates of the TQ+ gender lobby, the Biden/Harris Administration and the Harris/Walz campaign ceded rational ground to the other enemies of women’s rights, the Christian nationalists and their MAGA allies, men’s rights activists, and other garden variety misogynists, who nevertheless know what a woman is and that there are only two sexes, observable at birth. Their adherence to this ideology contributed directly to Trump’s appeal and ultimate win, as this is an issue he plans to confront, some long-time Democrats even voting for him because they hope for some relative sanity to be restored in this regard.

The men’s rights activists insist that women are inferior, should cater to men, be subservient, and allow themselves to be sexually exploited. Some young incels and “bros” have been emboldened by Trump’s win to the extent that they are now exultantly proclaiming “Your body, MY choice!” in defiance of the abortion rights battle cry and women’s right to bodily autonomy and agency and in their zeal to dominate and control women’s lives and bodies.

The Christian Right, the other enemy of women’s sex-based rights, has embraced Trump as their champion and tirelessly devoted itself to his campaign, and has been greatly empowered by Trump’s win and takeover of Congress and the Supreme Court. It would like to not only turn women into handmaidens, but outlaw and criminalize abortion and also birth control, attempt to grant fetuses “personhood”, track women’s pregnancies and penalize miscarriages, do away with no-fault divorce, treat rapists with kid gloves and accuse victims of “false reporting”, end investigation of campus rape, penalize unmarried women, and generally return women to 1950’s America. The Christian Nationalists also take a very dim view of our federal government and welcome Trump’s plan to dismantle it.  The truth is, it aims to destroy our representative democracy, do away with the separation of church and state, and transform this country into a theocratic dictatorship. If you think this is an overstatement, please view the recently released documentary, “Bad Faith”, and prior to that, “The Family“. This is the enemy that will be in ascendance with Trump in power.

We call on all women and men who oppose tyranny and the destruction of the rights of natal women and girls to help us get the ERA finally published onto the Constitution in order to protect us from the twin threats of gender ideology and the religious right.  We have allies in Congress who have signed onto the resolutions, SJR 39 in the Senate, and HJR 82 in the House, which recognize that the only remaining step for the ERA to become law is publication, and that it is up to Joe Biden to finally take this step to ensure that all the hard-won rights women have fought for, including voting rights, abortion rights, contraception, equal pay, no-fault divorce, owning property, obtaining credit in one’s own name, safe spaces, sports, etc. are not rolled back. The ERA would ensure that women cease to be treated as second-class citizens before the law, and would have prevented Roe being overturned.

Senator Kirsten Gillibrand, the sponsor of SJR 39, is hosting a virtual Town Hall on the ERA on this coming Tuesday, December 3rd at 4 PM PDT, 7 PM EST and we need supporters of the ERA to register now and attend! We also need you to call these Senators and U.S. Representatives and direct them to apply pressure to Biden to publish and text Biden at 302-404-0880 and Harris at 310-861-2977.

The time is NOW!  We cannot let the efforts of our First Wave Feminist forebears like Alice Paul’s efforts to be in vain.  Sign up for the Town Hall and start calling and writing these representatives and the White House, remind them on social media, and don’t stop until Biden makes the call to the National Archivist and gets the ERA in the Constitution!

LESBIAN DEVIL: A BOOK REVIEW

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By Ann Menasche

“Lesbian Devil to Straight Man Saint: a trip through trans hell and back” by Scott Newgent (2024)

Lesbian Devil is a gripping, no-holds-barred, finely crafted page turner that exposes the significant role of homophobia in “transing away the lesbian.” It chronicles Scott Nugent/Kellie King’s life including the myriad influences that conspired to convince a 42-year-old lesbian, successful career woman, and mother that she was born in the “wrong” body and needed to pursue medical transition.  After ingesting cross sex hormones and obtaining multiple drastic surgeries, Kellie emerged with a male appearance – though still a woman – and with her health severely compromised by constant pain and frequent life-threatening infections.  Tellingly, the acceptance and self-acceptance that she sought in a sexist and homophobic world through medical transition continued to elude her.

Kellie also emerged soon afterwards with a profound commitment to save gender non-conforming and lesbian/gay children and teens from a similar fate.

Kellie was a spirited and athletic child who grew into a woman who excelled in business, obtaining an executive position in sales.  Like many other women, including many lesbians, Kellie’s outspoken and competitive personality did not conform to the narrow sexist stereotypes of “femininity”, and she often felt it would have been easier being a man.  Yet, she dressed the part of a professional woman, wore make-up and heels, and did not appear “butch.”  This did not stop the first gender counselor she met with, a trans-identified male, from asking her, “how long have you been dressing as a man, Kellie?”

Though Kellie was not unloved as a child, she experienced significant trauma.  Her father was physically abusive, and her mother struggled with addiction.  As a teen, she was raped. A few years later, Kellie attempted suicide. But to the gender industry, this was irrelevant. All the counselors and doctors Kellie spoke to about transitioning “affirmed” her, led her down the conveyor belt of medical transition without ever asking any questions about her mental health history or even why she wanted to transition.

“Each medical professional I came across guaranteed a utopian paradise on the other side of the transition. I wanted finally to be accepted, loved and seen as straight in this fantasy land.”

The most compelling promise for Kellie was that once transitioned she would escape the stigma of being a lesbian. When Kellie first came out as a lesbian, her grandfather, the greatest source of emotional support in her life, her “guiding light” as she called him, disowned her for being a lesbian.   This was a major blow.

Then some years later, Kelli fell passionately in love with a co-worker, Jacqueline. Jacqueline came from a close knit religious Catholic family and was in a loveless marriage to a man.  What followed was a tumultuous on again, off again relationship where Jacqueline went back and forth with her abusive husband as she struggled to accept herself, and by extension, Kellie, as a lesbian.  Needless to say, Jacqueline’s parents did not accept Kellie and encouraged their daughter to return to her husband.

As Kellie explained, “The vitriol that Jacqueline’s family directed at her was unbearable to my ears.  Their pleas for her to be purified and cast out the so-called demons were incessant.  The yearning for acceptance and sense of belonging and an unconditional love devoid of violence was all I ever sought.  Yet (Jacqueline’s) family painted me as a pariah, undeserving of love from even God himself.”

Jacqueline was quick to embrace the idea that Kellie was really a man and encouraged her transition.

Later, in her transman “disguise,” Kellie got to know and became very close to Jacqueline’s family.  Except for their rabid homophobia, they turned out to be very fine, caring people. As a “man”, Kellie was totally accepted and welcomed into the family circle.  But this acceptance was based on a lie, and she found herself deeply troubled by this deception.  Kellie was still female, still a lesbian.

Much of the book describes Kellie’s struggles with severe medical complications from her surgery, complications that brought her close to death.  She worried about not living long enough to meet her grandchildren.

Finally, breaking it off with Jacqueline, she began to regret the path she had taken.

Yet, there was no going back for Kellie.  The physical changes carved onto her body are permanent.  Kellie graciously forgave Jacqueline and others who had hurt her.  She could forgive everyone but herself.  She writes, “…a more profound forgiveness still eludes me – self-forgiveness.  The mirror reflects a face I do not recognize, physically or spiritually and fills me with hate for myself that I fight daily; it’s my face.  Yet there might be a day when I look into my eyes and find redemption…Still after all these years, I miss Kellie horribly.”

I wish Scott/Kellie healing as she continues her essential work of saving future generations of gender non-conforming children, future generations of lesbians from the false promises and permanent harms of medicalization.

As she frequently proclaims in urging opposition to gender medicalization of children, “Scream louder.”

“Lesbian Devil to Straight Man Saint” can be purchased through Amazon or Barnes and Nobel.  Please purchase  a copy and support Kellie/Scott’s important work. https://www.scottnewgent.com/

JOIN US FOR FORUM SAT. SEPT. 14th ON CASS REVIEW: EXPOSING LIES BEHIND CHILD TRANSITION

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Feminists in Struggle presents a forum on the independent Cass Review that is blowing holes in the rationalization for the medical transitioning of gender non- conforming children and youth.

This event will take place  on Zoom on SATURDAY, SEPT. 14th at 11:00 a.m. Pacific time, 2:00 p.m. Eastern.

Tickets on sale now on Eventbrite:  https://www.eventbrite.com/e/cass-review-exposing-the-lies-behind-child-transition-tickets-1001755045307?aff=oddtdtcreator

Dr. Cass conducted an independent systematic review of existing evidence on behalf of the NHS in the U.K. She documented the poor quality of the published studies, and the weak evidence supporting use of puberty suppression and cross sex hormones along with their unknown long-term effects.

Join us for the discussion of Dr. Cass’s findings and recommendations and how to get the word out to stop this harmful sterilizing experiment on children who are different, including future generations of gays and lesbians.

SPEAKERS:

Aaron Kimberly is a Canadian woman born with a rare ovotesticular intersex condition who took testosterone as an adult and lived almost 20 years as a transman. She is a mental health nurse who first blew the whistle on pediatric gender medicine in 2019. In 2001 she cofounded the Gender Dysphoria Alliance to educate about different types of gender dysphoria. In 2023 she cofounded the LGBT Courage coalition with the Missouri whistleblower Jamie Reed, to support other whistleblowers and to protect gender nonconforming children, most of whom are gay/lesbian, from medical harm.

Ann Menasche is a lesbian, radical feminist and socialist, and a life-long activist who is a co-founder and co-coordinator of Feminists in Struggle (FIST). FIST is committed to spreading the word about the Cass Review and challenging the myths used to promote so-called “gender affirming care.” This issue is also personal for Ann. As a girl who aspired to the freedom and privileges of men, she would have likely succumbed to an ideology that said her body was “wrong” and in need of medicalization, were she growing up today.

This forum is a women-only event. It will be video-taped. Men who wish to view it can watch it later for free on FIST’s YouTube channel. Our Forums are interactive events with plenty of time for questions or comments from the audience. Women should check in 10 minutes before the event. Participants are free to close their camera or change their name after they have checked in.

The Zoom link will be sent by email to registrants prior to the event.