Why I think we’re much further along in the movement to liberate women and girls from “gender identity" in the U.S. than it might appear.
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But as much as I hate the Bostock decision, what I hate even more is what the Biden Administration said about it in this executive order. It said that the Bostock decision means that no one is allowed to discriminate against people on the basis of “gender identity.” The Bostock decision literally did not do this. [...] The other thing that’s really annoying about this order is its extension of the Bostock decision outside of the employment context. In the decision itself, the Supreme Court expressly stated that its ruling was limited exclusively to the employment context. So when the Biden administration says that the Bostock decision prohibits discrimination on the basis of “gender identity,” and that its reasoning applies outside the employment context, it is simply lying.
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In January 2022, the US Bureau of Prisons (which is part of the Department of Justice) updated its “Transgender Offender Manual.” This is the policy guiding which male prisoners in federal prisons get to be housed in the women’s prison on the basis of their claimed woman identities. This was a full year after Biden issued Executive Order 13988. The Bureau of Prisons had a full year to figure out how to let male prisoners self-ID into the federal women’s prison. It didn’t do it. To be clear, this Transgender Offender Manual isn’t good, because it allows some men to be housed with women on the basis of their claimed woman identities. But it does so on a case-by-case basis. We should, of course, oppose this, and we do. But the fact that the Bureau of Prisons came out with a new policy, a full year after the Biden executive order, declining to completely redefine sex to include gender identity even though that’s what the executive order told it to do, strikes me as significant.
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Although it may not be obvious, we have made huge strides. The Biden Administration has so far been unable to persuade either Congress or the Courts that it’s a good idea to throw women and girls under the bus at the altar of “gender identity,” and we think we have had a lot to do with that. America is waking up to the horrors of “gender identity,” and they’re not having it.