On Sirius XM's Tell Me Everything, Parker Molloy explains why debate around transgender people needs to focus more on policy issues
Video ››› ››› MEDIA MATTERS STAFF
Loading the player reg...
Loading the player reg...
Loading the player reg...
Loading the player reg...
A Brown researcher published a flawed study about so-called "rapid-onset gender dysphoria" that relied on surveys from anti-trans websites. The report claimed that teens were coming out as trans due to “social contagion”; after concerns were raised, it is now under review.
In August, a researcher at Brown University published flawed research about so-called “rapid-onset gender dysphoria,” a concept that suggests that young people may be coming out as trans due to “social and peer contagion” and that has not been recognized by any mainstream medical organization. Among other flaws, the study was widely criticized for surveying only parents found on anti-trans parent communities rather than transgender people themselves, and Brown and the academic journal that published the study have since pledged to re-evaluate the work. Right-wing media and anti-LGBTQ groups responded by calling the reassessment “academic censorship” and saying Brown and the journal had caved to “transgender activism.”
A Brown University researcher published a study on so-called “rapid-onset gender dysphoria” that suggested teenagers were identifying as trans due to “social and peer contagion.” In August, Brown University researcher Dr. Lisa Littman published a study on so-called “rapid-onset gender dysphoria” (ROGD) in the online journal PLOS ONE. The study suggested that transgender youth are experiencing a new type of “rapid” gender dysphoria due to social influences, asserting that both multiple peers in pre-existing friend groups coming out as transgender and “increased exposure to social media/internet preceding a child’s announcement of a transgender identity” raise “the possibility of social and peer contagion.” From PLOS ONE (citations removed):
The description of cluster outbreaks of gender dysphoria occurring in pre-existing groups of friends and increased exposure to social media/internet preceding a child’s announcement of a transgender identity raises the possibility of social and peer contagion. Social contagion is the spread of affect or behaviors through a population. Peer contagion, in particular, is the process where an individual and peer mutually influence each other in a way that promotes emotions and behaviors that can potentially undermine their own development or harm others.
Littman’s study surveyed the parents of transgender people ages 11-27, circulating the survey on three websites: 4thwavenow.com, transgendertrend.com, and youthtranscriticalprofessionals.org. Those websites are online communities primarily for parents of transgender people who deny their children’s identities, and the study acknowledged that the survey was specifically targeted to “websites where parents and professionals had been observed to describe rapid onset of gender dysphoria.” In fact, according to trans researcher Julia Serano, the phrase “rapid-onset gender dysphoria” and accompanying acronym originated on those very websites in July 2016, before Littman’s study or abstract were released. The term and acronym are frequently used by parents who do not accept their children’s trans identities; there is even a website called parentsofrogdkids.com. Prior to releasing her full study, Littman published an abstract in the Journal of Adolescent Health in February 2017 describing supposed parental experiences with ROGD.
Gender dysphoria is an established diagnosis involving “a difference between one’s experienced/expressed gender and assigned gender, and significant distress or problems functioning.” The American Psychiatric Association recommends affirming the gender expression of people with gender dysphoria, including through “counseling, cross-sex hormones, puberty suppression and gender reassignment surgery” as well as social transitions not involving medical treatments.
PLOS ONE is seeking “further expert assessment on the study’s methodology and analyses” after receiving complaints. On August 27, PLOS ONE announced that it would re-evaluate Littman’s study due to “concerns raised on the study’s content and methodology.” Slate’s Alex Barasch noted that “re-evaluating a study’s content and methodology doesn’t stymie the scientific process; it’s a natural and necessary extension of it.” From PLOS ONE’s announcement:
PLOS ONE is aware of the reader concerns raised on the study’s content and methodology. We take all concerns raised about publications in the journal very seriously, and are following up on these per our policy and [Committee on Publication Ethics] guidelines. As part of our follow up we will seek further expert assessment on the study’s methodology and analyses. We will provide a further update once we have completed our assessment and discussions.
Brown University removed a news article about the study after receiving complaints about Littman’s research and its methodology. After experts and advocates pointed out several flaws in the study’s methodology and PLOS ONE announced its own re-evaluation, “Brown determined that removing the article from news distribution is the most responsible course of action.” The next day, the dean of Brown University’s School of Public Health issued a letter confirming that the article had been removed “because of concerns about research methodology,” acknowledging concerns that the flawed study’s conclusions could harm the transgender community, and reiterating the university’s commitment to academic freedom and “the value of rigorous debate informed by research.” On September 5, the university released an expanded statement, proclaiming, “Brown does not shy away from controversial research.” The statement claimed that the article’s removal from the university’s news site was “not about academic freedom,” but rather “about academic standards,” noting that “academic freedom and inclusion are not mutually exclusive.”
The World Professional Association for Transgender Health urged restraint of the term “ROGD” and noted that it has not been “recognized by any major medical professional association.” The World Professional Association for Transgender Health (WPATH), which publishes the internationally accepted Standards of Care and Ethical Guidelines for managing gender dysphoria, released a position statement about ROGD on September 4, noting that it “is not a medical entity recognized by any major professional association” and has not gone through “the deliberative processes by which diagnostic entities and clinical phenomena are classified and established.” WPATH’s statement said ROGD “constitutes nothing more than an acronym created to describe a proposed clinical phenomenon that may or may not warrant further peer-reviewed scientific investigation.” From the September 4 statement (emphasis original):
At present, WPATH asserts that knowledge of the factors contributing to gender identity development in adolescence is still evolving and not yet fully understood by scientists, clinicians, community members, and other stakeholders in equal measure. Therefore, it is both premature and inappropriate to employ official-sounding labels that lead clinicians, community members, and scientists to form absolute conclusions about adolescent gender identity development and the factors that may potentially influence the timing of an adolescent’s declaration as a different gender from birth-assigned sex.
WPATH also urges restraint from the use of any term—whether or not formally recognized as a medical entity—to instill fear about the possibility that an adolescent may or may not be transgender with the a priori goal of limiting consideration of all appropriate treatment options in accordance with the aforementioned standards of care and clinical guidelines.
Researchers writing in PinkNews: Littman’s study “was heavily biased towards specific groups” and “tells us less about trans teenagers than it does about the parents being surveyed.” Writing for PinkNews, researchers Florence Ashley of McGill University and Alexandre Baril of the University of Ottawa said Littman’s research “was heavily biased towards specific groups and in no way can be said to be representative of the general population” because it surveyed parents from specific anti-trans websites. Their report contended that “the study tells us less about trans teenagers than it does about the parents being surveyed.” They also pointed out that research suggesting that trans identities are the result of a “contagion” attempts to frame the narrative in a way that “distinguishes ‘good,’ true transgender people from ‘bad,’ fake trans people, allowing proponents to claim that they have nothing against trans people — well, at least the real ones.”
Slate’s Alex Barasch: “The sites that participants were culled from are full of damning evidence of bias” against transgender people. Barasch noted that Littman’s study was “purportedly about 256 trans-identified ‘adolescents and young adults,’” but it is “perhaps fairer to say that it’s about their parents, who participated in a 90-question survey about their relationships with and perceptions of their children—with no input from the kids themselves, and no controls to speak of.” Barasch identified several problems with the study’s sample, including that it sourced parental reporting from websites with anti-trans biases such as 4thwavenow.com, which “hosts long missives from parents who have strenuously denied their children’s identities for years.” He continued, “In exclusively surveying parents from these ‘gender critical’ spaces, Littman sharply limited both the relevance and the validity of her results.”
Barasch added that “one of the study’s most glaring flaws” is that Littman made no effort to substantiate the claims of the parents who participated in her study by speaking to their transgender children. He noted that the study’s findings about "the worsening of parent-child relationships" after the child came out and the children's preference to befriend other LGBTQ kids actually weakened its conclusions about trans identities being a “social contagion” because young LGBTQ people would be more likely to “flock together online or in-person” if they face “skepticism and hostility at home.”
Finally, Barasch noted that the concept of ROGD “treats the emergence of dysphoria around or after puberty as something new and unusual that should be treated with suspicion” when in fact the medical community recognizes late-onset gender dysphoria, which describes the emergence of dysphoria “around puberty or much later in life.” Barasch highlighted examples of PLOS ONE retracting several other studies that featured “questionable research” and pointed out that “peer review isn’t an automatic assurance of ironclad science” and that the review of the study “is both standard and vital.”
Researcher Julia Serano: The concept of ROGD originated in 2016 on three blogs “that have a history of promoting anti-transgender propaganda.” In an essay on Medium, biologist and transgender activist Julia Serano explained that the concept of ROGD was not new, but originated in 2016 on three anti-trans blogs -- the same blogs from where Littman drew her sample. Thus, Serano wrote, Littman’s study was “entirely based on the opinions of parents who frequent the very same three blogs that invented and vociferously promote the concept of ROGD.” She contended, “This is the most blatant example of begging the question that I have ever seen in a research paper.” Serano also refuted the study’s assertion that gender dysphoria in the surveyed parents’ children was “rapid,” writing that “the word ‘rapid’ in ROGD doesn’t necessarily refer to the speed of gender dysphoria onset. … Rather, what’s ‘rapid’ about ROGD is parents’ sudden awareness and assessment of their child’s gender dysphoria (which, from the child’s standpoint, may be long standing and thoughtfully considered).”
Brynn Tannehill in The Advocate: Transgender youth featured in the study may have avoided coming out to “hostile parents,” which could have led to parents perceiving their gender identity development as “rapid.” Responding to an abstract of Littman’s study released in 2017, transgender advocate and author Brynn Tannehill -- who recently published an explanatory book about transgender issues -- pointed out flaws in the hypothesis that young people may be identifying as transgender because of other LGBTQ friends and online LGBTQ media. She noted that “transgender youth in unsupportive homes are much more likely to share their thoughts and feelings with LGBT friends at school and peers online than family.” Tannehill added that those youth often “stick to ‘safe’ LGBT social groups” and “delay telling hostile parents until they cannot bear not to,” which could explain why the parents Littman surveyed from unsupportive online communities thought that their child’s identity came on rapidly.
Tannehill in INTO: “Littman failed to mention the viewpoints of the groups from which she drew her sample” and did not interview supportive parents or trans youth. Writing for the digital magazine INTO, Tannehill reiterated that the study “failed to address the much more realistic explanation that transgender teens with anti-trans parents look for support from other LGBTQ youth online because they fear the reaction of their families.” She also noted that Littman did not acknowledge the anti-trans viewpoints of the websites from which she drew or sampled, “nor did she make any attempt to reach out to groups for supportive parents” or interview transgender youth.
Family Research Council’s Cathy Ruse: Littman’s study “reveals trouble in transgender paradise.” Cathy Ruse of the extreme anti-LGBTQ group Family Research Council wrote a post in The Stream attacking Brown University for removing news about Littman’s study from its website. Ruse called the move “censorship” and asserted that “there’s an alarming trend of adolescents suddenly announcing they’re in the wrong body.” She also defended the study’s survey of parents rather than the actual transgender young people the study was about, writing that this “acknowledged limitation of the study” is a response to clinicians accepting what transgender patients tell them “at face value, never seeking the parents’ perspective.” Ruse has a history of disparaging trans identities, and she has previously suggested that affirming transgender children “can be child abuse.”
American College of Pediatricians’ Michelle Cretella: Littman’s study “was quickly silenced” because “transgender activists called for censorship.” Writing for The Heritage Foundation’s right-wing outlet The Daily Signal, American College of Pediatricians (ACPeds) President Michelle Cretella said that Littman’s study “was quickly silenced by activists and by Brown University,” which “disconnected its link to the study and issued an apology” for it because “transgender activists called for censorship.”
ACPeds is a small and extreme anti-LGBTQ group of physicians that broke off from the legitimate American Association of Pediatrics (AAP). Cretella and ACPeds have worked for years to discredit trans-affirming science and policy under the veneer of credibility offered by the group’s misleading name, which “is easily confused with the AAP.” Cretella has claimed that affirming transgender youth is child abuse.
ACPeds’ Dr. Andre Van Mol posted several times about ROGD on Twitter. ACPeds’ Dr. Andre Van Mol retweeted several posts about Littman’s study, including from two of the anti-transgender parent forums where Littman sourced her data. Van Mol promoted a tweet linking to a petition calling for Brown to “defend academic freedom and scientific inquiry” by supporting Littman and her study. He also tweeted a link to an article about Littman’s study and asserted, “Idealogues (sic) are trying to suppress a study that shows the effect of peer pressure on transgenderism.” Van Mol has a long anti-LGBTQ record, including advocacy in favor of forcibly changing sexuality or gender identity through the discredited and harmful practice of conversion therapy. He has actively worked to oppose measures to protect LGBTQ people from the practice.
Illinois Family Institute’s Laurie Higgins: Brown “cave[d] to cross-dressers and their collaborators.” Laurie Higgins of the extreme anti-LGBTQ state organization Illinois Family Institute wrote that Brown “cave[d] to cross-dressers and their collaborators” after feeling “the wrath of men in dresses with flowing tresses and bearded women in dungarees.” Higgins called Brown’s removal of its article about the study “censorship” and claimed, “No matter how well a study is designed and executed, if trannies don’t like the findings, ‘progressive’ universities will not draw attention to it even if the study is conducted by their own faculty.” Higgins previously called transgender identity a “superstition” and compared trans people and their allies to a cult. She has also praised the Trump-Pence administration’s plan to redefine “gender” to exclude the transgender community.
Proponents of ROGD launched a petition to “defend academic freedom and scientific inquiry” by supporting Littman’s research. Supporters of the ROGD concept launched a petition urging Brown and PLOS ONE to “defend academic freedom and scientific inquiry” in response to the study’s re-evaluation. The petition implies that the study was being censored, claiming that Brown and PLOS ONE should “resist ideologically-based attempts to squelch controversial research evidence.” The petition, which currently has 4,900 signatures, was shared by some of the same anti-trans websites where Littman collected data for her study, including 4thwavenow and Transgender Trend.
Fox News’ Tucker Carlson on Brown’s decision: “Acknowledging reality itself becomes a criminal act; superstition reigns. The dark ages have arrived.” Fox prime-time host Tucker Carlson claimed that Brown was “censoring” Littman’s study and stopped promoting it because “activists descended” and “were offended by the conclusions of the study.” Carlson claimed that activists found Littman’s conclusions “ideologically inconvenient and therefore unacceptable.” He also asserted that they “demanded that the data be suppressed, and remarkably, Brown caved to their demands.” Carlson has previously denied the existence of the trans community, claimed that trans-affirming policies would hurt women, and hosted anti-transgender guests like ACPeds’ Cretella on his show. From the September 11 edition of Fox News’ Tucker Carlson Tonight:
TUCKER CARLSON (HOST): Brown University is censoring a scientific study by one of its own researchers because political activists don't like it. In a paper published earlier this month, a tenured Brown professor called Lisa Littman found that teenagers who say they want to switch genders are often influenced, not surprisingly, by friends and social media like all young people are. Well, the study was solid enough to be picked up by a reputable scientific journal. In fact, Brown’s PR department sounded a press release promoting the study. But then activists descended. They were offended by the conclusions of the study, not because the conclusions were wrong -- no one even argued they were wrong -- but because the conclusions were ideologically inconvenient and therefore unacceptable. They demanded that the data be suppressed, and remarkably, Brown caved to their demands. The university yanked the press release and apologized for sending it in the first place.
This is not really about Brown. This is what it looks like when reason itself dies: Politics trump science; empirical conclusions are banned; acknowledging reality itself becomes a criminal act; superstition reigns. The dark ages have arrived. This is what they told you the Christian right wanted to do. They were lying. As soon as they took power, they did it themselves. Of course.
The Daily Wire’s Ben Shapiro: “The left went insane” over Littman’s study, “so Brown caved” in an act of “academic tyranny.” The Daily Wire’s Ben Shapiro claimed that “Brown immediately caved” by removing its article because “any effort to actually research the environmental component of transgenderism is met with raucous calls for censorship.” Shapiro alleged that PLOS ONE and Brown “turned against the study because it offended politically correct sensibilities about transgenderism” and called the situation “academic tyranny.”
Shapiro: “Science is taking a back seat to the realities of political correctness.” On his show, Shapiro repeated talking points from his Daily Wire post and claimed that Brown had “buried the study” and “caved” because “it offended politically correct sensibilities about transgenderism.” He called the move “insane,” claimed that “science is taking a back seat to the realities of political correctness,” and called leaders at Brown “cowards.” Shapiro then predicted that Brown would fire Littman, saying that the left “will go after anyone who does not follow the basic leftist consensus on politics, they will destroy science in order to do so, and they will censor people.” Shapiro has a history of anti-transgender bigotry, including calling transgender troops “mentally ill soldiers” and mocking transgender men and women who date them. He has also called being trans a “mental disorder” and “tyranny of the individual.”
One America News’ Liz Wheeler: “This is even creepier, I think, than just stifling free speech. This is akin to book banning and book burning.” On the September 7 edition of One America News’ The Tipping Point, host Liz Wheeler railed that Brown’s decision to remove its article on the study was “even creepier, I think, than just stifling free speech,” comparing it to “book banning and book burning.” She continued, “This is taking a scientific study because it doesn't substantiate your political view and erasing it. That's so creepy.” Wheeler’s guest Amber Athey, a Daily Caller contributor, asserted that Brown “decided to get rid of the study not because they think that it didn’t meet scientific standards but just because they don’t like the results of it.”
Wheeler: Brown is participating in “thought control. … That’s incredible scary. That is 1984.” In another segment, Wheeler repeatedly claimed that Brown’s removal of its post about the study was an example of “thought control.” Wheeler and her guest, The Daily Caller’s Anders Hagstrom, compared the situation to the dystopian novel 1984 and the Soviet era. Wheeler had previously criticized the Boy Scouts for accepting transgender youth and has suggested that affirming trans identities will lead to accepting “transracial, “transable,” and “transbaby” identities in which people believe themselves to be of a different race, ability or disability, or age. From the September 17 edition of One America News’ The Tipping Point:
ANDERS HAGSTROM (REPORTER, THE DAILY CALLER): I know there’s a study at Brown college where a similar thing happened where this -- I can't remember if it was a he or a she who did this study, but they basically found that something regarding transgenders and a gender dysphoria and the way that children may grow out of it. And people objected to what that study found, and they just said, “OK, you're not allowed to publish that anymore. You can’t do any more research.”
LIZ WHEELER (HOST): Right, because it might offend activists who are advocating for the transgender ideology.
HAGSTROM: Yeah, exactly, because it might offend people.
WHEELER: This is why I say this is thought control, because when you pick and choose what information is to be made public, and you pick and choose what you're going to hide from the American people because it might influence their thought in a way that you don't want. That's incredibly scary. That is 1984. That is thought control. It goes beyond the speech control.
HAGSTROM: It’s Soviet, yeah.
WHEELER: The way that you control speech is you control what people are allowed to put in their heads so that they can form those ideas. It's terrifying, and it’s sanctioned now by liberals on these campuses.
Breitbart’s Tom Ciccotta: “Brown University has decided that not displeasing the LGBT community is more important than having its professors research this phenomenon.” On August 30, Breitbart News’ Tom Ciccotta wrote that Brown had “censored a research paper on gender dysphoria” because the university “decided that not displeasing the LGBT community is more important than having its professors research this phenomenon.” Breitbart often pushes anti-transgender narratives and cites ACPeds’ anti-transgender positions as credible.
The Federalist’s Robert Tracinski: “Is transgender the new anorexia?” The Federalist’s Robert Tracinski called Littman’s study a “blockbuster” for arguing that transgender identities “might be a ‘social contagion’ -- a maladaptive coping technique for troubled teens, spread by peer groups and the Internet.” Tracinski claimed that Brown retracted its press release “in response to a furious outcry from transgender activists” who saw the research as a “threat.” He also posited that the study began because researchers saw “eerie parallels” of “social contagion” between eating disorders such as anorexia and transgender identities, and then highlighted the study’s assertion that so-called ROGD, “with the subsequent drive to transition, may represent a form of intentional self-harm.” He further claimed that medical professionals who offer gender-affirming care are “ideologically motivated gender dysphoria specialists” who “have engaged in massive malpractice in their zeal to ‘affirm’ their young patients’ self-diagnosis.”
The Federalist’s Joy Pullman: Brown “repressed” the study because it reinforces the idea that “transgenderism looks a lot like a dangerous fad.” Federalist Executive Editor Joy Pullmann wrote that Brown had “repressed” Littman’s study “after a transgender activist feeding frenzy.” She continued, “The reason trans activists went nuts is that the study reinforces what plenty of parents, public health experts, and doctors have been saying: Transgenderism looks a lot like a dangerous fad.” She also said that transgender advocates “demand[ed] suppressing the results” and that Brown “chose to prioritize the unreasonable demands of a tiny minority above the potential well-being of children and the process of scientific inquiry.” Pullman admitted that “the study design has many flaws — self selection and self reporting among them.” However, she claimed that it was “comparable in quality to studies that LGBT activists amplify when it serves their narratives.” Despite its flaws, Pullman still praised the study because “Littman found a number of things that make transgender narratives look terrible.” The Federalist is a go-to outlet for conservatives to push anti-LGBTQ stories, compare transgender inclusion to “transgender authoritarianism,” and call gender-affirming procedures “mutilation.” From the August 31 post:
This makes it obvious why transgender activists do not want this information public. It suggests many gender dysphoric young people hit a rough patch in life (or several), have poor or immature coping skills, and got the message from peers, online, or both that transgenderism was a handy, simple explanation for their feelings that also offered instant social acceptance and attention.
National Review’s Madeleine Kearns: Brown “succumbed to political pressure” and “sacrificed its core principles of scientific inquiry and truth-seeking.” In a post titled “Why Did Brown University Bow to Trans Activists?” National Review’s Madeline Kearns claimed that Brown and PLOS ONE “succumbed to political pressure” by re-evaluating the study and that the university “appears more concerned with its marketability than with finding truth,” which she said “undermines academic freedom.” Though she acknowledged that there were concerns about the sample of parents coming from 4thwavenow and other biased websites, Kearns suggested that Brown’s removal of its article about Littman’s study was “cowardice” and “part of a bigger trend” -- an example of how “a radical ideological lobby has, once again, been highly effective in bullying dissenters into silence.” She concluded that Brown “sacrificed its core principles of scientific inquiry and truth-seeking to the feelings of ‘some members’ of their community.” National Review has a history of providing a platform to anti-LGBTQ figures such as anti-transgender conservative commentator David French, who in a May 9 article repeatedly misgendered Chelsea Manning and declared, “He’s a man.”
Loading the player reg...
The Trump-Pence administration asked the Supreme Court to review trans military ban cases. There are several other LGBTQ-related cases it could decide to take up this session.
The Trump-Pence administration has once again asked the Supreme Court to take up one of its policy priorities and bypass lower courts in what has been called an “unusual” move -- this time, to expedite a ruling on its proposed policy banning openly transgender service members from serving in the military. And that’s just one of several LGBTQ-related cases the Supreme Court could hear this session, with other topics including employment discrimination, trans-inclusive school facilities, and religious exemptions for businesses. Extreme anti-LGBTQ group Alliance Defending Freedom has connections to several of those cases.
Though there has been media coverage of the trans military ban cases, several other important cases that may reach the high court fly under the media’s radar. Here's a look at LGBTQ-related cases that may be heard by the Supreme Court this term:
In July 2017, Trump announced on Twitter that he planned to ban transgender people from serving in the military, reversing a 2016 policy change by the Obama administration that allowed trans people to serve openly. In March, the Trump-Pence administration released its official policy. In developing the plan, the administration reportedly relied on a panel of “experts” that included the vehemently anti-trans activist Ryan T. Anderson and Tony Perkins, president of the extreme anti-LGBTQ group Family Research Council. There have been four lawsuits filed against the ban, and according to CNN, “District courts across the country have so far blocked the policy from going into effect. The 9th Circuit Court of Appeals heard arguments in one challenge earlier this fall and the DC Circuit will hear arguments in early December.”
The Department of Justice (DOJ) has asked the Supreme Court to review three of the cases, bypassing lower courts: Doe v. Trump, Stockman v. Trump, and Karnoski v. Trump. According to The Advocate, Doe “is pending before the U.S. Court of Appeals for the District of Columbia Circuit," and the other two are pending before the 9th Circuit. Neither appeals court has ruled on any of these cases, but the 9th Circuit has heard arguments in one challenge already.
The Guardian reported that the Trump-Pence administration’s request “is the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, which has a conservative majority, to weigh in quickly on a divisive issue.” The New York Times noted that the DOJ’s request for the Supreme Court to review the issue is unusual, as it “does not ordinarily intercede until at least one appeals court has considered an issue, and it typically awaits a disagreement among appeals courts before adding a case to its docket.” According to the Supreme Court’s rules, it should take up an issue “only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this court.”
Speaking to The Washington Post, several lawyers challenging the ban have “said there is no reason for the court to abandon its usual policy,” and according to The Daily Beast, if the Supreme Court does review the issue, it “would theoretically only be considering whether or not to lift the injunctions that have been placed on the rollout of the transgender troop ban” while the lower courts continue to debate the legality of the ban itself. However, there is also a chance that the high court could find a way to rule directly on the ban’s constitutionality.
There are three cases that the Supreme Court could take up involving interpretations of workplace protections under Title VII of the 1964 Civil Rights Act, which “prohibits employment discrimination based on race, color, religion, sex and national origin.”
The primary debate around Title VII involves whether protections from sex discrimination also encompass sexual orientation and gender identity, particularly as the Supreme Court has already ruled that employers cannot discriminate based on gender stereotypes. In May 2017, Congress introduced the Equality Act, a bill that would explicitly add sexual orientation and gender identity to existing civil rights laws, including the Civil Rights Act.
In October 2017, the DOJ issued a memo that said (emphasis original), "Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status." Of the three Title VII cases that the Supreme Court might take up, one involves a trans woman who was fired for her gender identity, and the other two involve men who were fired for their sexual orientation.
The first case, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission, involves a transgender woman named Aimee Stephens, a funeral director who was fired after coming out to her longtime employer. The 6th U.S. Circuit Court of Appeals ruled in her favor based on Title VII protections, saying, “It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex” and that “discrimination ‘because of sex’ inherently includes discrimination against employees because of a change in their sex.”
The influential and extreme anti-LGBTQ group Alliance Defending Freedom (ADF) is representing the funeral home at the center of the case, and ADF’s lawyers asked the Supreme Court to take up the case in July.
In October, the DOJ filed a brief in support of the funeral home. It issued a similar brief in favor of ADF’s client in the Masterpiece Cakeshop case decided last session. Solicitor General Noel Francisco signed the Harris Funeral Homes brief and argued in support of ADF’s client in Masterpiece Cakeshop. ADF had identified Francisco as one of its more than 3,200 allied attorneys in several press releases in 2016, but the group later claimed that this had been “our mistake” and that he was not in fact an allied attorney. ADF shows a distinct lack of transparency about who its allied attorneys are, and another group even filed a Freedom of Information Act request to determine Francisco’s exact relationship with ADF.
In a second case, Zarda v. Altitude Express, skydiving instructor Donald Zarda sued his employer Altitude Express for firing him in 2010 after he “told a female student that he was gay.” (Zarda died four years after he filed the suit.) The 2nd U.S. Circuit Court of Appeals ruled in his favor in February of this year, deciding that Title VII “prohibits discrimination on the basis of sexual orientation.” Altitude Express and its lawyers petitioned the case to the Supreme Court in May.
In a third case, Bostock v. Clayton County, Georgia, Gerald Bostock sued after “he was fired from his job as a child welfare services coordinator for a Georgia county’s juvenile court system when his employer found out he is gay.” The 11th U.S. Circuit Court of Appeals ruled against Bostock, saying that Title VII does not protect discrimination based on sexual orientation. In May, Bostock and his lawyer asked the Supreme Court to weigh in given a split in circuit courts’ rulings on the matter.
The high court was originally expected to consider petitions to review the three Title VII cases on November 30, but it has since “delayed its timeline for considering whether to grant review.” According to Bloomberg Law, “The court’s next scheduled conference is Dec. 7, and it has no more conferences scheduled for December. The first conference of the new year is scheduled for Jan. 4.” If it does not grant review by mid-January, the court would not be able to hold oral arguments for any of the cases during the current term, which began in October.
In June, the Supreme Court narrowly ruled in favor of ADF’s client Jack Phillips, a Christian baker who refused to bake a cake for a same-sex couple, in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The decision did not indicate how the high court should rule on other similar cases or on the larger question of whether businesses can deny services to LGBTQ people but rather ruled that members of the Colorado Civil Rights Commission had shown “hostility toward the sincere religious beliefs that motivated [Phillips’] objection.” This next session, however, the Supreme Court could make a broader ruling on a similar case.
In Klein v. Oregon Bureau of Labor and Industries, the owners of the now-shuttered Oregon bakery Sweet Cakes by Melissa were fined $135,000 for refusing to bake a wedding cake for a lesbian couple, a violation of the state’s nondiscrimination law. According to The Oregonian, the Oregon Court of Appeals ruled against the bakery owners and “upheld the order, and the state Supreme Court declined to hear the case earlier this year.” Their lawyers -- from the anti-LGBTQ legal group First Liberty Institute (previously known as Liberty Institute) -- filed a petition for Supreme Court review in September. At least four of those lawyers have connections to ADF: Kelly Shackelford, the president and CEO of First Liberty Institute, and Hiram Sasser have both been identified as ADF allied attorneys, and Michael Berry and Stephanie Taub both participated in ADF’s legal fellowship program.
ADF has filed another petition asking the Supreme Court to weigh in on an LGBTQ-related issue in the Joel Doe v. Boyertown Area School District case. In that case, cisgender students represented by ADF sued their school district after Boyertown Area High School passed an inclusive policy that allows transgender students to use facilities that align with their gender identity. This differs from the high-profile Gavin Grimm v. Gloucester County School Board case, in which a trans student sued his school district for passing a discriminatory policy.
The 3rd U.S. Circuit Court of Appeals ruled in favor of Boyertown’s trans-inclusive policy and against ADF’s client in July, citing Title IX of the Education Amendments of 1972, which “prohibits discrimination ‘based on sex’ in federally funded educational programs.” ADF has also attempted to leverage Title IX in its arguments, saying that the school’s trans-inclusive policy would create a “hostile environment” in violation of Title IX because its cisgender clients would have to interact with trans students in school restrooms and locker rooms. ADF thus contended that cisgender students who feel “embarrassed and harassed” by being in the same restrooms as trans students would be discriminated against “on the basis of sex.”
There are several potential outcomes if the Supreme Court does take up the case. The Daily Beast’s Samantha Allen wrote that if the court ruled against the plaintiffs, it would likely decide “that local school districts like Boyertown cannot be barred from establishing transgender protections” rather than making a more sweeping decision “to affirm that all transgender students nationwide are protected under Title IX.” However, Allen noted the increasingly conservative makeup of the court and contemplated what could happen if it ruled in favor of ADF’s clients:
There’s another outcome that has the potential to be catastrophic for a generation of transgender students: The Supreme Court—now with a conservative majority and two Trump picks—hears the case and agrees that transgender students cannot be protected by school policies. In the worst case, they agree that Title IX not only doesn’t protect transgender students, but actually requires schools to discriminate against them.
Extreme anti-LGBTQ groups, including ADF, have united around Supreme Court Justice Brett Kavanaugh’s confirmation to the court, assuming he would champion their issues and cement the conservative majority on the court. Like the Trump-Pence administration, these groups have been emboldened to push for discriminatory policies in the courts, such as overturning protections against conversion therapy for LGBTQ youth. ADF and others like it also have unprecedented influence over the administration; the White House even briefed ADF President Michael Farris about the FBI's Kavanaugh investigation not long after U.S. senators received the FBI’s report. Farris and ADF argued twice before the Supreme Court during the last session, and ADF has played a role in more than 50 other cases before the high court.
Additional research by Kayla Gogarty and Brianna January.
Secretary of Education Betsy DeVos appeared on Fox Business Network for a softball interview during which the host, Maria Bartiromo, failed to ask a single question about either changes DeVos has initiated to rules about campus sexual assault, which would be harmful to survivors, or her failure to implement student debt forgiveness.
In mid-November, DeVos proposed new rules for colleges and universities regarding campus sexual assault under the Title IX law, which prohibits sex discrimination in federally funded schools. According to The New York Times, the changes “established a narrower definition of sexual harassment, tightened reporting requirements, relieved colleges of the responsibility to investigate off-campus episodes, and outlined steps schools should take to provide support for accusers.” The new rules would also give those accused of sexual harassment and assault the right to cross-examine their accusers, which could retraumatize survivors of these incidents. According to former Department of Justice Civil Rights Division official Anurima Bhargava, DeVos’ new rules “would make schools less safe by narrowing the definition for what counts as sexual misconduct, creating barriers for students to report these incidents and limiting the responsibility of schools to respond.”
Additionally, DeVos was sued earlier this month for the second time for failing to cancel debts of students defrauded by for-profit colleges. According to NPR, a federal judge ruled in September that her “delay of a key student borrower protection rule was improper and unlawful.” GQ explained earlier this month that DeVos has undermined the Public Service Loan Forgiveness program, which was “designed to forgive the student debt of people who spend ten years working in public service while making steady payments.” Under DeVos, over 99 percent of applications for debt forgiveness under this program have been rejected.
Instead of covering these topics, the nearly 10-minute interview focused on attacking public education, criticizing teachers unions, and promoting a Department of Education mobile app for college students to enroll in federal student aid. From the November 27 edition of Fox Business’ Mornings with Maria Bartiromo:
Loading the player reg...
Loading the player reg...
Incels praise Tallahassee shooter by downloading his online footprint of misogyny and claim “there’s no stopping” hate-inspired rampages
Scott Beierle, a man with an online footprint of far-right misogyny and a police record of groping women, opened fire at a yoga studio in Tallahassee, FL, on November 2, killing two women before shooting himself. As reported by Buzzfeed, in his online videos, Beierle had openly praised Elliot Rodger, who went on a misogyny-fueled killing rampage in 2014 and has become a hero for the women-hating “incel” (involuntary celibate) community online. This is the fourth incident of violence connected to far-right extremism in the U.S. in just the past two weeks.
In reaction to the shooting and reports of Beierle’s record of misogyny, members of the anonymous online forum incels.is -- a new domain established after the forum reportedly got suspended for violating its past registrar’s anti-abuse policies -- shared and gleefully consumed the content of Beierle’s YouTube videos; and at least one person claimed he downloaded Beierle’s video presumably as a contingency in case social media platforms took it down. The same poster claimed to have found the shooter’s website and promised to post it to the forum.
Another poster claimed that comments on the shooter’s YouTube videos that denounced his misogyny are the sort of thing that radicalize white men.
In their comments about the shooter's rants in which he condemned white women who date Black men, some posters underscored the intersection between misogyny and white supremacy: One claimed that Beierle’s “views on race mixing are not wrong,” and another questioned how many white incels would follow the shooter’s example in response to interracial couples. As shown in the screenshot, one poster is already using a picture of Beierle as the profile's avatar.
A member of the forum characterized the shooter as a “legend,” while another complained that he "only killed 2" women:
Another thread warned readers that nothing will stop sexually frustrated men from going on rampages. The thread featured “an open letter to cucks” (the far-right’s go-to insult against those perceived as weak for embracing political correctness) supposedly explaining “why you can’t do shit about people going ER,” using incel shorthand for Elliot Rodger.
The poster warned “cucks” and “foids” (a dehumanizing term incels apply to women) that they will “NEVER, EVER, EVER” stop men who are frustrated sexually from seeing “blackpill content online” and getting inspired to go on killing rampages. “Blackpill content” refers to messaging telling men who consider themselves involuntary celibate that the world is stacked against them and there “can be no personal solutions to systemic problems.”
Replies to the open letter looked like battle cries: “We’ll get down every one of you,” one user wrote; another, who bragged about having an AK-47 semi-automatic rifle, posted, “Come and take me”:
Other posters called on other incels to build "muscular physiques" that make them strong enough to "hurt others":
A member of the forum speculated about whether an account that had posted “going ER” on November 2 in a similar forum for incels, Truecels.org, belonged to the shooter. Truecels includes a board called “hall of heroes” that honors -- among others -- Rodger, terrorist Timothy McVeigh, and Yamaguchi Otoya, a far-right assassin who killed the leader of the Japanese socialist party in 1960. Proud Boys founder Gavin McInnes recently honored Yamaguchi Otoya by re-enacting the violent murder at the Metropolitan Republican Club in New York City.
Accounts in these forums are anonymous, so anyone with an account can participate on different message threads. Members can also participate on Discord and Telegram chats after some vetting from the community. In the Truecels forum, posters also questioned whether the shooter had an account, expressing concern that screenshots of his profile could inspire a feminist “to stage a crisis to make it look like incels are violent … right before an election:”
In just the past two weeks, four far-right extremists have gone on violent, hate-fueled attacks around the U.S. On October 24, 51-year-old Gregory Bush attempted to enter a predominantly Black church in Jeffersontown, KY, before heading to a Kroger grocery store where he shot two Black people, the first in the store and the second in the parking lot. Two days later, a man with a long record of posting right-wing content and threats online mailed explosive devices to prominent Democratic figures and the cable news network CNN. On October 27, a man who posted virulently anti-Semitic messages on the website Gab, known as a “haven for white nationalists,” went on a murderous rampage in a synagogue in Pittsburgh, PA.
Given the violent posts about women, racial and ethnic minorities, and religious groups that can be easily found in online forums, and the common thread of far-right content posting among attackers, it’s not far-fetched to think that the next far-right violent attack might be brewing online. On mainstream social media platforms like Twitter, extremism is not particularly difficult to find: The incels forum links to its an official Twitter account, and accounts that post anti-Semitic and white supremacist content fly under the radar undisturbed. And yet, right-wing media figures refuse to either connect the dots between far-right rhetoric and the extremism it inspires or take responsibility for mainstreaming and empowering extremists.
Loading the player reg...
Loading the player reg...
National anti-LGBTQ groups are aligned with and have worked alongside a campaign in Massachusetts that would repeal the state’s trans-inclusive nondiscrimination protections, which protect transgender people from discrimination in housing and the workplace and give them equal access to public facilities such as bathrooms and locker rooms that align with their gender identity. The anti-trans Keep MA Safe campaign was started by Massachusetts Family Institute, a state anti-LGBTQ group with direct ties to major national groups Family Policy Alliance, Alliance Defending Freedom, and Family Research Council.
Loading the player reg...
On October 28, far-right Brazilian Congress member Jair Bolsonaro was elected president of Brazil. Bolsonaro has repeatedly embraced authoritarianism, and he has a history of espousing misogynistic, racist, anti-LGBTQ, and other extremist rhetoric. Right-wing media are celebrating his victory and high poll numbers by cheering on his proposed policies and highlighting the similarities between Bolsonaro and President Donald Trump:
Bolsonaro’s rise followed years of anti-democratic statements from him that can only be read as fascist. An October 28 article in The New York Times compiled some of the Brazilian president-elect’s most extreme comments. When asked in a 1999 interview whether he would shut down Brazil’s Congress, Bolsonaro replied:
There is no doubt. I would perform a coup on the same day. [Congress] doesn’t work. And I am sure that at least 90 percent of the population would celebrate and applaud because it doesn’t work. The Congress today is useless … lets do the coup already. Let’s go straight to the dictatorship.
He also appeared to advocate for a violent “civil war” to “do the job that the military regime didn’t do: killing 30,000.” Bolsonaro has repeatedly advocated for torture and threatened earlier this month to jail his political opponents after taking office.
The Times also reported that Bolsarano once told a fellow lawmaker that he “would not rape [her] because you [she is] not worthy of it.” He has stated that he would not hire women equally, and he referred to having a daughter as a “weakness.” In 2011, he claimed he would “rather his son die in a car accident than be gay,” and two years later he claimed that he would “rather have a son who is an addict than a son who is gay.” Just last year, Bolsonaro implied that Afro-Brazilians are lazy, claiming, “They don’t do anything. They are not even good for procreation.” Bolsonaro has promised to roll back policies meant to protect the environment, and, according to the Times, he claimed the “Amazon is like a child with chickenpox, every dot you see is an indigenous reservation.”