SCOTUS Title IX Ruling Proves How Far the ‘Castration Caucus’ Has Fallen From Reality

by Daniel Schmid

How far has the castration caucus fallen when the Supreme Court unanimously agrees that several states are entitled to injunctions blocking the Biden administration’s Title IX radical revision to include sexual orientation and gender identity. With each of the Biden administration’s extremist attempts to flip truth on its head and detach us from reality, we are sent spiraling and falling further into progressive radicalism.  

As Lewis Carroll wrote in Alice in Wonderland (1865), “In another moment down went Alice after it, never once considering how in the world she was to get out again. ... Either the well was very deep, or she fell very slowly, for she had plenty of time as she went down to look about her, and to wonder what was going to happen next.”  

Rewriting Reality 

On April 29, 2024, the Biden-Harris administration’s education department publicized a final rule radically rewriting Title IX of the Civil Rights Act. In that revision, the Biden-Harris administration claimed it was merely “clarifying” that the term “discrimination on the basis of sex” included — for the first time ever — sexual orientation and gender identity. If “clarifying” means rewriting a definition to include something that did not even exist at the time the statute was passed, then what role does Congress have left to play in legislation?  

The radically revised rule requires any school that receives any federal funds to ignore biological reality under threat of crippling monetary penalties and litigation. Among other things, the rule: 

• Requires schools to permit students to use any bathroom, locker room, and shower facility based on their so-called gender identity, even if different than their biological reality at birth. 

• Prohibit schools from seeking any information or medical documentation from a parent or the student concerning the student’s so-called gender identity. 

• Demands that all school employees, teachers, and students use whatever pronoun a student demands to be called. 

• Requires schools to create their very own Title IX gestapo to investigate, review, and train employees and students not to engage in gender identity discrimination. 

The United States District Court in Louisiana noted, rightly so, that “Title IX was written and intended to protect biological women from discrimination,” which “makes it difficult to sincerely argue that, at the time of enactment, discrimination on the basis of sex included gender identity, sex stereotypes, sexual orientation, or sex characteristics.” Because of that, Judge Terry Doughty concluded that Title IX only included discrimination based on biological males and biological females — not discrimination based on someone’s fictional aberration of their chromosomal reality.  

On August 16, 2024, the Supreme Court issued a per curiam opinion in which it held that 26 states were entitled to injunctive relief against the Biden-Harris administration’s radical rewrite of the text of Title IX. Surprisingly, the opinion noted: “[A]ll Members of the Court today accept that the plaintiffs were entitled to preliminary injunctive relief as to three provisions of the rule, including the central provision that newly defines sex discrimination to include discrimination on the basis of sexual orientation and gender identity.”  

How radical have you become when all nine Justices recognize your regime’s revisionism went too far? 

As Judge Danny Reeves noted in his opinion in the Eastern District of Kentucky: “There are two sexes: male and female.” One would hope not to be surprised by such an obvious statement of reality, but this is the Biden-Harris administration.  

The Biden/Harris Deep Well of Insanity 

With each new day comes a seemingly new trip into the fantastical foray of the absurd. It is, as Alice noted, “Down, down, down. Would the fall never come to an end?” Under the current Biden-Harris delusions, one may reasonably ask: “After such a fall as this, I shall think nothing of tumbling downstairs.” 

Take, for instance, Biden and Harris’ demand that every administrator, teacher, employee, and student in the covered schools accept, adopt, and use a student or teacher’s preferred pronouns — regardless of their connection to chromosomal corporeality. Under the new rule, it is both a form of discrimination on the basis of sex to refuse to use a preferred pronoun as well as hostile environment harassment. And the demand to use preferred pronouns applies, as Judge Doughty noted, even when those preferred pronouns are “contrary to grammar rules, reality, or political ideologies.”  

The potential pronouns are endless. It was recently reported that job applicants to Kamala Harris’ campaign had the option to pick among nine pronoun sets, including “fae/faer,” “hu/hu,” “ey/em,” “hir/hir,” and “they/them.” And, fear not, if Harris’ list of nine pronoun sets is not enough to cover your particular brand of chromosomal chaos, the invitation remained for you to “create your own custom pronouns.” 

Leaving aside the fact that the job applicant is a single individual — regardless of how that individual views himself, herself, or “huself” — the applicant is still just an individual. Plural words are inapplicable to an individual. Thus, in the place where students are supposed to be learning reading, writing, and arithmetic, the Biden-Harris regime’s Department of Education wants students educated with improper reading, writing, and math. Clearly, “Hooked on Phonics” didn’t “work for Harris.” 

But I guess one should not be surprised by that. Folks plagued with common sense will query why one’s “pronouns” (i.e., more than one pronoun) must repeat itself. If one identifies as “hir/hir” or “hu/hu,” should not the entire weight of the federal government be brought to bear to ensure that such an individual does not have to identify pronouns — it is just one, you bigots, stop making everything agree to plural pronouns. 

And to add insult to constitutional injury, students, staff, and teachers are explicitly prohibited — by threat of significant sanction — from expressing any religious, political, scientific, or ideological view that rejects “hu/hu” as having any basis in reality.  

Our well of insanity is indeed very deep because we did not fall into this slowly, as it happened in the last several years of the Biden-Harris administration. The only way in the world we get out of this is to declare our independence from the long train of abuses by the pronoun police and ensure new guards for our future security in November. 

Originally published in The Washington Stand.

Daniel Schmid is a constitutional attorney and the associate vice president of Legal Affairs with Liberty Counsel. Learn more about our contributors, HERE.