DOJ: Sex Is Biological; Civil Rights Act Doesn't Protect Transgenders

The DOJ is right.

   Contrary to one of the amicus briefs mentioned, however: "gender identity" isn't so much a vague concept as a nonsensical one. Better: an absurd one. I can't think of any real case in which we consider thinking of yourself as F as a way of being F. Especially when you are demonstrably not F. Many guys think of themselves and/or represent themselves as being 6'+ when they are not. Many people misrepresent their ages, and many even claim to feel younger, and/or not think of themselves as being the age they are. Sometimes people "can't believe" their age is what it is. Believing that you are F when you aren't F is not another way of being F. In fact, believing that you are F even when you are F isn't a way of being F--it's being F that makes you F. Not believing you are F. Being F has nothing to do with believing you're F. Well, being F probably raises the likelihood that you think you're F, if that counts.

   There are probably some trick cases floating around, but I don't care. Notoriously thinking that you are a thinking thing makes you a thinking thing--but that just doesn't matter here. Such cases work because the F in question is having a mental property that you come to have as a result of believing. Sex, obviously, isn't like that. Gender isn't like that either...unless you fall for the nonsense redefinitions of the term. And, well, even if you do fall for them, it isn't actually like that.

   This really is the stupidest, more patently irrational stuff I've ever seen in the culture wars in my life. This makes backmasking and astrology look downright scientific...

   As I've said before, though: I don't see why you can't just make a case on the basis of actual sex. If the employer allows women to wear certain clothes, isn't it plausibly sex-discrimination not to allow men to wear the same kind of clothes? But that case is far too rational and straightforward for the contemporary progressive left and transgender ideologues. They've got bigger fish to fry--they aim to coerce people by force of law to accept their superstitious views about transgenderism. Winning the case on rational grounds isn't what they want. They want to win it as a stepping stone to imposing their creationist metaphysics on everyone. 

   I continue to think that this is a hugely important episode in the crazification of the left. The addition of 'T' on the end of 'LGB' is no trivial matter. It represents a transformation--from a liberal, libertarian movement that merely sought to let people live their lives freely, to an antirealist, totalitarian movement that seeks to control the actions, words and thoughts of others, forcing them to accept and act in accordance with obvious falsehoods.