This seems like a useful explanation by Elizabeth Hungerford. There might be some hope. Text from Facebook posted below.
www.facebook.com/510157683/posts/10158015597962684/?d=n
I will add to this list, as needed.
These are my thoughts about Biden’s Executive Order (EO) decreeing that sexual orientation and gender identity (SOGI) be recognized as protected characteristics under federal laws that prohibit discrimination ON THE BASIS OF SEX:
- This Executive Order was expected. It’s politics as usual, not particularly groundbreaking.
- It applies to federal agencies who will have to issue guidance consistent with the EO within the next 100 days—these details will be critical to any assessment of the EO’s true impact.
- There is a clear acknowledgement of possible EXCEPTIONS. It may not look like much, but the mere mention that conflicts might exist is a huge concession not previously observed in Obama-era guidance:
“Under Bostock‘s reasoning, laws that prohibit sex discrimination — including Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.), the Fair Housing Act, as amended (42 U.S.C. 3601 et seq.), and section 412 of the Immigration and Nationality Act, as amended (8 U.S.C. 1522), along with their respective implementing regulations — prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.”
SO LONG AS. So long as...there is no conflict. Because there might be! Recognize!!
- Protecting all people from discrimination in housing, employment, credit, education, etc. is the legal BASELINE from which exceptions protecting women’s sex-based need for sex-segregated spaces can/must/will be carved.
The opposite approach: where SOGI cannot be protected unless and until women’s sex based rights are clearly articulated is both politically unrealistic and backwards. The overarching principle must be protection for all, then the careful needle threading of biological sex-based protections can be articulated through judicial interpretations of real world applications.
The religious right and their friends takes the “backwards” approach because they don’t actually want SOGI protections at all. But feminists want both!
- Updated Title IX sporting regulations are the highest priority to watch for. I believe they will echo 2016’s Obama-era “Dear Colleague” letter, which was callous in its disregard for girls’ legal interests in sex-segregated contexts.
Updated Title IX guidance, in turn, will fast track the CT girls’ track case where female plaintiffs are represented by Alliance Defending Freedom (ADF), a close partner of WoLF’s. I believe is for sex versus gender in American law.
Further, I believe ADF can and will win that case with the conservative majority on the Supreme Court.
TLDR:
In summary, keep the faith and STAY FOCUSED. The roller coaster 🎢 ride is not over yet. Not by a long shot.
www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation/