In the case of the three female student-athletes suing to keep biological males out of girls’ sports, attorneys are demanding that a federal judge be taken off their case after he ordered them to use the term “transgender females” when referring to boys.
As we reported earlier this year, Selina Soule, Chelsea Mitchell, and Alanna Smith sued the Connecticut Association of Schools and the Connecticut Interscholastic Athletic Conference over their policies that allow biological males to compete as females.
The plaintiffs have lost to “Terry” Miller and “Andraya” Yearwood, a pair of biological male sprinters who have participated in over n a dozen statewide races since 2017.
“Our dream is not to come in second or third place but to win fair and square,” Mitchell said when the suit was announced. “All we’re asking for is a fair chance.”
The girls are represented by Alliance Defending Freedom, whose lawyers say Judge Robert Chatigny of the U.S. District Court of Connecticut cannot impartially adjudicate the case after he ordered them not to use the word “males” when discussing the male athletes in question in an April 16 conference call.
In an audio recording of a call later shared with The National Review, Bill Clinton-appointed Chatigny instead demanded that ADF counsel refer to the trans-identified male athletes as “transgender females.”
“That’s the more accurate terminology, and I think that it fully protects your client’s legitimate interests,” Chatigny said. “Referring to these individuals as ‘transgender females’ is consistent with science, common practice and, perhaps, human decency. To refer to them as ‘males,’ period, is not accurate, certainly not as accurate, and I think it’s needlessly provocative.”
Chatigny also told ADF attorneys that they wouldn’t “surrender any legitimate interest or position” by “[referring] to them as transgender females.”
“That is what the case is about,” Chatigny argued. “This isn’t a case involving males who have decided that they want to run in girls’ events. This is a case about girls who say that transgender girls should not be allowed to run in girls’ events. So going forward, we will not refer to the proposed intervenors as ‘males;’ understood?”
On the call with Chatigny, lead ADF attorney Roger Brooks firmly protested.
Brooks explained that his clients’ main argument is that the actual biology of the male athletes, however they may identify, is precisely the reason for their unfair advantage over the female athletes.
Instead, Brooks said he was happy to accommodate the boys by using their preferred female names, but “the point of this case is physiology of bodies driven by chromosomes and the documented athletic advantage that comes from a male body, male hormones and male puberty in particular.”
The following Saturday, ADF attorneys filed a motion to disqualify Chatigny from the case, claiming his demand that they use language to undermine their argument is “legally unprecedented” and reveals the judge’s bias on the controversial issue.
As we’ve discussed in the past, language itself is a powerful weapon in the gender debate, and ADF were right to object to its misuse in their case.
In an email to The Christian Post on Tuesday, attorney and Women’s Liberation Front board member Kara Dansky said words are crucial in the fight for the rights, privacy, and safety of women and girls.
Dansky declared that there must by clarity on what “women and girls” means.
“As everybody knows,” she said, “it means human females.”
“It is outrageous for a United States federal judge to order an attorney to misstate his own arguments by using language that deliberately distorts the truth and corrupts the English language,” Dansky added.
“By forbidding the attorney from using the word ‘males,’ the judge is not only already pre-judging the case; he is forcing these girls to deny reality,” Dansky went on. “The judge should grant the Motion to Disqualify.”
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