'Rogue' Biden judge ignores biological truth, blocks Trump's common-sense passport policy



Gender ideologues' narrative about sex, identity, and the supposed benefits of medical transvestism has collapsed in recent years under the weight of comprehensive scientific studies. Polling shows the American public also majoritively rejects their core claims and policy aims.

With science and public opinion largely against them, gender ideologues now appear to be primarily fighting their war against common sense in the courts, where they are, for the most part, losing. Meddlesome U.S. district court judges are, however, doing their part to delay the final defeat of gender ideology, at least where the law and federal policy are concerned.

'Gender ideology is internally inconsistent.'

A day before the Supreme Court's decision to uphold Tennessee's ban on sex-change genital mutilations and sterilizing puberty blockers for minors, a Biden judge blocked the Trump administration from requiring passports to accurately reflect the holders' sex.

White House deputy press secretary Anna Kelly said in a statement to Blaze News, "This is yet another attempt by a rogue judge to thwart President Trump's agenda and push radical gender ideology that defies biological truth."

"There are only two genders, there is no such thing as gender 'X,' and the president was given a mandate by the American people to restore common sense to the federal government," added Kelly.

RELATED: Trump claims another scalp in war on gender ideology: Children's Hospital LA to shutter child sex-change center

Photo by Chip Somodevilla/Getty Images

On his first day back in office, President Donald Trump signed an executive order rejecting gender ideology and instructing the government to recognize only two sexes, male and female.

"'Gender ideology' replaces the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that males can identify as and thus become women and vice versa, and requiring all institutions of society to regard this false claim as true," Trump said in his order.

The president noted further that "gender ideology is internally inconsistent, in that it diminishes sex as an identifiable or useful category but nevertheless maintains that it is possible for a person to be born in the wrong sexed body."

The president directed his secretaries of state and homeland security to ensure that government-issued identification documents, including passports and visas, were reality-affirming — as they had been until 2021, when the Biden administration began allowing people to choose their own sex marker as well as a third marker, "X," instead of an "M" or an "F" marker.

RELATED: The culture war isn’t a distraction — it’s the main front

Blaze Media Illustration

Several transvestites joined the American Civil Liberties Union, the ACLU of Massachusetts, and Covington & Burling LLP in a lawsuit over the passport policy earlier this year.

U.S. District Judge Julia Kobick granted them a preliminary injunction in April preventing the State Department's enforcement of Trump's Executive Order 14168 while the lawsuit played out — but only as it applied to six of the plaintiffs.

Kobick suggested that the plaintiffs' inability to extend their self-deception to their federal documents would make them more "likely to experience worsened gender dysphoria, anxiety, and psychological distress, and they will face a greater risk of experiencing harassment and violence."

The Massachusetts-based Biden judge expanded her injunction on Wednesday after the plaintiffs amended their complaint and moved to apply the preliminary injunction to other potentially affected gender-benders whom they wanted broadly to be certified as a class.

Adopting the language of gender ideologues, Kobick granted the plaintiffs class certification, meaning that the lawsuit can now apply to "people whose gender identity is different from the sex assigned to them under the Passport Policy and/or who have been diagnosed with gender dysphoria," people who simply want their passport to indicate the wrong sex, and "all people who currently want, or in the future will want, a U.S. passport and wish to use an 'X' sex designation."

'The government has failed to meet this standard.'

"Even assuming a preliminary injunction inflicts some constitutional harm on the Executive Branch, such harm is the consequence of the State Department's adoption of a Passport Policy that likely violates the constitutional rights of thousands of Americans," wrote Kobick.

RELATED: Behind the rainbow curtain: Who is funding the trans agenda targeting kids?

Photo by PATRICK T. FALLON/AFP via Getty Images

"The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny," added the Biden judge. "That standard requires the government to demonstrate that its actions are substantially related to an important governmental interest. The government has failed to meet this standard."

Li Nowlin-Sohl, a senior staff attorney for the ACLU's LGBTQ and HIV Project, called the ruling "a historic win in the fight against this administration's efforts to drive transgender people out of public life. The State Department’s policy is a baseless barrier for transgender, nonbinary, and intersex Americans and denies them the dignity we all deserve."

When asked about the ruling, a State Department spokesperson told Blaze News that as a general matter, officials "do not comment on pending or ongoing litigation."

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'Gender identity crap': Colorado Dems kill debate on bill threatening custody of reality-affirming parents



Democrats in the Colorado legislature invoked House Rule 16 on Sunday to avoid debate ahead of a vote on a controversial new bill that would effectively classify "misgendering" and "deadnaming" as child abuse. The bill is now headed to the Democrat-controlled Senate, where it is likely to pass.

Republican state Rep. Jarvis Caldwell, among those "robbed" of the opportunity to speak on behalf of their constituents with regard to House Bill 1312, noted in a video shared to X, "I believe they did this to silence us because they know how much negative attention this has been getting nationwide."

'If your child is confused about their gender identity, and you don't affirm that confusion, that delusion, then you are guilty.'

When Caldwell raised the matter of whether non-LGBT parent groups were consulted during a committee meeting last week, Democratic state Rep. Yara Zokaie said, "A well-stakeholdered bill does not need to be discussed with hate groups," reported Fox News Digital.

"We don't ask someone passing civil rights legislation to go ask the KKK their opinion," the radical added, securing applause from her fellow travelers.

"House Bill 1312 says that if your child is confused about their gender identity, and you don't affirm that confusion, that delusion, then you are guilty of child abuse and you can lose custody of your children," said Caldwell.

Blaze News previously reported that the Democratic legislation would classify "deadnaming or misgendering" as a form of "coercive control" that courts must consider when making child custody decisions.

"Misgendering" means using an individual's reality-based pronouns — "he" and "him" in reference to a boy, "she" and "her" in reference to a girl. "Deadnaming" is the practice of calling transvestites by their original names — for example, Brian for Colorado state Rep. Brianna Titone or Tim for U.S. Rep. Sarah McBride (D-Del.).

'Help good candidates unseat these radical people.'

Under the legislation that passed the Colorado House Sunday in a party-line vote, "deadnaming and misgendering" would be both defined as discriminatory acts in the "Colorado Anti-Discrimination Act" and prohibited in most private businesses. Under the bill, local schools would not only be required to honor students' "chosen names" for any reason but would also be prohibited from enforcing sex-based dress codes.

"I wanted to say it is not me, it is not my constituents, it is not the people from my side of the aisle who are pushing this gender identity crap on the kids of Colorado. They are," continued Caldwell. "What they want to do with this bill is say that if they confuse your children and you don't affirm that confusion, they will take your child from you."

Caldwell implored his fellow Coloradans to reach out to their state senators as well as to their radical governor, Jared Polis, to let their opposition to the legislation be known. He noted elsewhere that to prevent the furtherance of this sort of cultural imperialism and erosion of parental rights, it will be essential to "help good candidates unseat these radical people."

'A cure for "deadnaming" isn't an emergency justifying late-bill status.'

The editorial board of the Denver Gazette blasted the Democratic bill on Sunday, stating, "This late-night concoction turns hyper-sensitivity into a crime and meddles in matters best left to common courtesy, families, and local school boards."

"Colorado lawmakers and courts have better things to do than police pronouns and dress codes. Our state's cratored [sic] roads need their attention," continued the board. "Our soaring crime and housing shortage cry for solutions. A cure for 'deadnaming' isn't an emergency justifying late-bill status."

In addition to indicating that the Democratic legislation would likely force its transvestite dress code mandate on religious elementary schools, the editorial board noted that the bill's "26 pages of jargon don't distinguish intent. Anyone making an accidental slip would break the law."

"This isn't about safety or civil rights," continued the board. "This is the far-left majority — much of it handpicked and appointed by Colorado's Democratic machine — dictating how people talk and bring up children."

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'No brainer': Utah becomes first state to ban rainbow flags in both schools and government buildings



LGBT activists' cultural imperialism may have reached its zenith during the Biden years when their "Progress Pride" flag was prominently displayed on the White House with American flags relegated to a secondary status on either side.

Now, with the country under different leadership, conservatives flexing more muscle legislatively, and key narratives crumbling, non-straight activists appear to be losing ground as signaled by legislation advanced in Utah and Idaho last week.

Months after the Trump administration announced that "only the United States of America flag is authorized to be flown or displayed at U.S. facilities, both domestic and abroad," Utah Republicans successfully passed legislation on Thursday banning the rainbow flag as well as other activist flags from all government buildings and schools.

Utah state Rep. Trevor Lee's (R) House Bill 77 prohibits state entities and employees from displaying a flag in or on the grounds of government property with a number of exceptions including Old Glory; an official Utah state flag; a historic version of the American or state flag; a municipal flag; a U.S. military flag; the National League of Families POW/MIA flag; a country flag; a tribal flag; an official university or public school flag; and an Olympic flag.

It appears that the only ways to lawfully get a rainbow flag into the classroom is to have it grafted onto an exempted flag, to accept the $500 fine for each day of noncompliance, to overturn the law, or to depict the flag by means other than an actual flag, such as on a lapel pin or a sticker, which activist groups routinely distribute to students.

The bill became law on Thursday without Republican Gov. Spencer Cox's signature.

"This was a no brainer bill to run," wrote Lee. "Tax payer funded entities shouldn't be promoting political agendas. This is a massive win for Utah."

'All this bill does is add more fuel to the fire.'

Cox, who vetoed six bills this year, indicated that he did not similarly veto HB 77 because Republicans would override him in the Utah House of Representatives, where they outnumber Democrats 61-14.

While acknowledging that the law "is neutral on the types of flags in question" — highlighting that MAGA flags are now similarly prohibited in schools and government buildings — Cox suggested that the ban was insufficient to eliminate "culture-war symbols in a place that should be apolitical," namely public schools.

"By simply requiring the removal of flags only, there is little preventing countless other displays — posters, signs, drawings, furniture — from entering the classroom," Cox wrote in a letter to state lawmakers, where he emphasized his love for the so-called LGBTQ community. "Furthermore, the bill is overly prescriptive on flags themselves. To those legislators who supported this bill, I'm sure it will not fix what you are trying to fix."

After suggesting that a better regulatory route for Republicans to depoliticize the classroom is the Utah State Board of Education, Cox claimed that "the bill goes too far when applied to local governments."

"All this bill does is add more fuel to the fire, and I suspect it will only ratchet up the creative use of political symbolism (for example: lighting used in place of flags)," added the governor.

'Fly flags that unite and don't divide.'

LGBT activists outside the state government similarly bemoaned the enactment of the flag law.

The Salt Lake City-based Utah Pride Center thanked Cox in a statement Friday, noting, "While we understand the complex political reality that this bill would likely have been passed regardless of the governor's decision, we are deeply saddened to see it move forward into law."

Troy Williams and Marina Lowe, the executive and policy directors of Equality Utah, said in a release that HB77 "sets a dangerous precedent."

Enraging a similar variety of activist, Idaho legislators passed legislation last week prohibiting government entities from flying flags besides the American flag and a handful of official flags, including those representing American military branches and government entities.

House Bill 96 passed the state House in landslide votes and now requires the signature of Republican Gov. Brad Little. Little signed a similar bill into law on March 19, which prohibits the display of unauthorized flags and banners that "promote political, religious, or ideological viewpoints" on public school property.

"The ultimate goal is for us to fly flags that unite and don't divide," said Idaho state Sen. Ben Toews (R), reported the Idaho Statesman.

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Pseudo-court fines town for refusing to fly imperial LGBT flag. Emo mayor ordered to undergo re-education says he won't pay.



A pseudo-court recently fined a small Canadian town and its mayor for refusing in a 3-2 vote to proclaim the month of June "Pride Month" and to hoist the LGBT activists' colors. According to the Human Rights Tribunal of Ontario, a failure to oblige the activist group Borderland Pride constitutes discrimination.

Harold McQuaker, a small construction business owner and the mayor of the Township of Emo, Ontario — just north of the Minnesota border — remains defiant, telling the Toronto Sun Monday, "I utterly refuse to pay the $5,000 because that's extortion."

McQuaker indicated that the town council, on which he has the deciding vote, will together determine what to do about the $10,000 the court ordered Emo to pay — a sum the Sun indicated is "tougher than most criminals ever receive."

"I have a lot of respect for our four councilors," said McQuaker. "We have a special meeting of council, and they will decide that and what to do next. Either pay the fine or appeal it?"

'There's no flags being flown for the straight people.'

Following the ruling, Borderland Pride gleefully noted that McQuaker might also have to reimburse taxpayers for the legal fees associated with his years-long defense, which are estimated to total at least six figures.

Extra to imposing the monetary penalties for a democratic vote unfavorable to outside radicals, Karen Dawson of the Human Rights Tribunal of Ontario — a nonjudicial government entity that nonetheless issues judicial-like rulings — also ordered McQuaker and the current chief administrative officer of the township to complete the woke tribunal's re-education program, titled "Human Rights 101," having determined that the Municipal Act of 2001 did not protect council members from liability under the Human Rights Code for supposedly discriminatory actions.

After all, McQuaker dared point out during a council meeting that "there's no flag being flown for the other side of the coin. … There's no flags being flown for the straight people."

'We just don't have a flagpole at our town hall.'

The so-called eLearning Module of "Human Rights 101" claims that discrimination can be overt, hidden, constructive, and systemic. Apparently, where the tribunal is concerned, perceived offense rather than intent is what actually counts. In other words, someone's anodyne remark or neutral behavior could be discriminatory depending on the interpretation of a thin-skinned ideologue.

"I will not pay the $5,000 I have been fined and will not take the training," McQuaker told the Sun. "I did not do anything wrong."

"If anybody needs training it's the LGBTQ2+ to quit pushing their weight around and make demands that people can't live with," added McQuaker.

Contrary to the regional activist group's suggestion, McQuaker insisted the claims of prejudice are all projection.

"I don't hate anybody," said McQuaker. "We just don't have a flagpole at our town hall."

'This is about the unilateral power of an unelected, unaccountable government agency to compel speech.'

"I am a husband to my wife for 51 years, father of two, a grandfather of seven and a great grandfather of one," he said. "I consider myself a very reasonable person and a good leader for our community and I would have a lot of support if there was an election."

Borderland Pride, ever difficult to please, lashed out at McQuaker over his comments Monday, stating, "What we are seeing is a public temper tantrum from an elected official who has been emboldened by the pattern of attacks on institutions and the rule of law from the political right. It is disturbing, inappropriate, and unlawful."

"Mayor McQuaker's comments reflect a flagrant disrespect for the laws governing his public office, and he should withdraw them," continued the activist group. "Mayor McQuaker is further governed by a municipal code of conduct, which requires him to respect the authority of the Human Rights Tribunal of Ontario. He can be sanctioned by the integrity commissioner for failing to do so. We would caution him from engaging in any further misconduct of this nature. It is very clearly beneath the expectations and requirements of his office."

Allan Stratton, a gay Canadian playwright who has long engaged in LGBT activism, blasted Borderland Pride in a recent op-ed for the National Post, writing, "This is about the unilateral power of an unelected, unaccountable government agency to compel speech."

Stratton noted further that this case demonstrates the pseudo-court has "lost sight of its mission, broke public confidence in its legitimacy and provided a counter-productive example of left-wing authoritarianism."

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Biden's final Title IX regulations will bow to gender ideologues' wishes nationwide



The Biden administration has released its final Title IX regulations, effectively establishing "gender identity" as a protected class and forcing around 17,600 school districts, 5,000 post-secondary institutions, and various charter schools, for-profit schools, libraries, and museums across the nation to indulge the reality-defying identifications of the LGBT ideologues in their midst — at the expense of the very cohort the civil rights law was initially intended to help.

Title IX of the Education Amendments of 1972 has long prohibited discrimination on the basis of sex in federally funded education programs or activities.

According to the late Sen. Birch Bayh of Indiana, the Democrat who formally introduced Title IX to Congress, the idea behind the legislation was largely to "provide for the women of America something that is rightfully theirs — an equal chance to attend the schools of their choice, to develop the skills they want, and to apply those skills with the knowledge that they will have a fair chance to secure the jobs of their choice with equal pay for equal work."

Whereas in Bayh's day, Americans understood there were only two sexes requiring equal protection, Democrats today have evidently taken the philosophical position that sex is a social construct. The Biden administration — which has proven incapable of defining "woman" — has transmogrified Title IX in an apparent effort to systematically accommodate this misunderstanding.

The new rules announced by the Department of Education Friday clarify that sex discrimination now includes sexual preferences and "gender identity" and further clarify "that sex-based harassment includes harassment on these bases."

The regulations state that a school "must not separate or treat people differently based on sex in a manner that subjects them to more than de minimis harm," stressing that preventing "someone from participating in school (including in sex-separate activities) consistent with their gender identity causes that person more than de minimis harm." Such perceived harm would be grounds for litigation.

The corresponding rule, Section 106.31(a)(2), not only applies to dress and grooming codes but to locker rooms and restrooms as well. Federally funded institutions that refuse to allow men into girls' lavatories could face legal action under the revised scheme.

The Biden administration did not apply this understanding to sex-separate living facilities and sex-segregated sports teams. The DOE did, however, note that it "intends to issue a separate final rule to address Title IX's application to sex-separate athletic teams."

DOE Secretary Miguel Cardona said in a statement, "These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights."

Former Trump Education Secretary Betsy DeVos told the National Review, "I never thought I'd see the day where Title IX would be used to harm women, but sadly, that day has come."

"The Biden Administration's radical rewrite of Title IX guts the half century of protections and opportunities for women and callously replaces them with radical gender theory, as Biden's far-left political base demanded. This regulation is an assault on women and girls," added DeVos.

All-American swim star Riley Gaines, presently suing the National Collegiate Athletics Association for allowing transvestites to invade women's sports and locker rooms, tweeted, "The Biden Admin has just officially abolished Title IX as we knew it. Now, sex = gender identity."

Gaines suggested further the new rewrite means "men can take academic AND athletic scholarships from women"; "men will have FULL access to bathrooms, locker rooms, etc"; "students and faculty MUST compel their speech by requiring the use of preferred pronouns"; and "if the guidelines above are ignored or even questioned, then YOU can be charged with harassment."

Megyn Kelly said, "These regs are a nuclear level attack on women's rights and men's due process rights. JOE BIDEN MUST GO."

DO NOT EVER LET ANY DEMOCRAT TELL YOU THEY CARE ABOUT WOMEN\u2019S RIGHTS EVER AGAIN IF THEY DO NOT STAND UP TO THIS ABOMINATION OF A TITLE IX REVISION.\n These regs are a nuclear level attack on women\u2019s rights and men\u2019s due process rights. JOE BIDEN MUST GO.
— (@)

Kelly added in a subsequent post that not only will girls be forced to share locker rooms "with aroused men who get off on posing as women," but a young man "will be stripped of his due process rights if he is accused by anyone on campus of sexual misconduct."

Kelly was referencing the Biden administration's elimination of the sexual assault due process rules put in place by the Trump administration.

Fox News Digital indicated that colleges will no longer have to hold live hearings and allow students to cross-examine one another through representatives.

Kim Shasby Jones, head of the Independent Council on Women's Sports, said, "My heart breaks. Women are facing the ultimate betrayal by the Biden administration. We can't protect, defend, or even advocate for what can't be defined. Women - 51% of the population - zero recognition under federal law. Title IX - now a weapon to remove women's rights."

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