On May 9, Vanita Gupta — the head of the Civil Rights Division of the Department of Justice — uttered these words:
Here are the facts. Transgender men are men — they live, work, and study as men. Transgender women are women — they live, work, and study as women.
In other words, according to the DOJ, it is a simple “fact” that a man can have a menstrual cycle, that a woman can have a penis, and that men can get pregnant.
Then, on May 13, the administration purported to transform these “facts” into law by issuing a letter that threatened every single public school in America with the loss of federal funds unless it adopts the administration’s point of view that gender is defined not by biology but instead by personal preference.
The administration’s edict is clear: It interprets federal law to require schools to create a “safe,” “nondiscriminatory,” and even “supportive” environment for transgender students. Creating gender-neutral access to bathrooms or showers represent mere examples of how schools comply with the edict. In other words, the broad principle is “nondiscrimination,” and bathroom access is but one narrow application. Thinking through the broad principles reveals the depth and breadth of the administration’s power grab. The consequences will be profound.
First, the very act of teaching biology and human physiology will be hate speech unless it’s modified to conform to the new transgender “facts.” Teachers will have to take great pains to note that chromosomes, reproductive organs, hormonal systems, and any other physical marker of sex is irrelevant to this thing called “gender,” which, “factually,” is a mere state of mind.
Second, any statements of dissent — from teachers or students — will be treated as both “anti-science” and “discriminatory,” contributing to a “hostile environment” that schools are legally bound to prohibit. This prohibition will go well beyond the use of pronouns and into discussions of what it means to be male and female. The argument that a “girl” with a penis remains a boy will be treated exactly the same as an argument that blacks are inferior to whites or Arabs inferior to Jews.