A writer for the New York Post is siding with Alliance Defending Freedom (ADF) attorneys seeking the recusal of a biased judge in the lawsuit against Connecticut policy allowing boys to compete against girls in high school sports. Libby Emmons, senior editor for The Post Millennial, agrees with ADF that the judge went too far in saying its attorneys should not refer to trans athletes as biological boys.
Emmons reviewed the transcript of a phone discussion between ADF attorneys and Judge Robert Chatigny, in which "the judge informs the attorneys that their briefings shouldn’t refer to (Andraya) Yearwood and (Terry) Miller [seen beating girls in photo] as biologically male. He added that 'referring to these individuals as ‘transgender females’ is consistent with science, common practice and perhaps human decency.'”
ADF attorneys told Emmons, “if a judge dictates what words parties have to use, it can bias the case. It is essential that every litigant be able to present their case to an impartial court in the way that they believe is the most accurate and true to the facts. We’ve explained in our brief how the judge’s order prevents us from doing that for our clients.”
Since the 2017-18 school year, Yearwood and Miller have been allowed by the Connecticut Interscholastic Athletic Conference to compete against female athletes in track and field. The two sprinters are not only dominating the girls' sprint events, but obliterating state records in the process.
As a result, three rivals -- Selina Soule, Alana Smith and Chelsea Mitchell -- have become also-rans in their events. They've filed suit in hopes of reversing the ridiculous policy allowing boys to destroy the competitive balance in girls' sports.
Standing apart from the normal media bias that typically sides with LGBT issues, Emmons labels Judge Chatigny's demand as "consistent with the Orwellian language games of gender ideology, which aim to obscure, rather than disclose, the truth. You don’t have to be a conservative to see this. The scientific truth is that Yearwood and Miller are biologically male. They were born with XY chromosomes, they have male muscle mass and stamina and they have gone through male puberty." Furthermore, she says:
"Chatigny wants to protect Yearwood’s and Miller’s feelings perhaps. But he can’t do that and uphold judicial fairness, a fundamental requirement of his job."
Kara Dansky, a board member for the Women’s Liberation Front, a feminist group skeptical of gender ideology, told Emmons, “The court is essentially interfering in the attorney’s professional ethical obligation to zealously represent his clients.”
Between the two, Yearwood and Miller have won 15 girls’ state championships and more than 40 female competitions in the last three years. The plaintiffs in the lawsuit against the state policy claim the dominance of these boys will cause the girls to lose out on scholarship opportunities.
The competition is also now stacked against ADF attorneys because the judge is trying to force them to adopt their legal opponents' worldview, Emmons says:
"Their very point is that Yearwood and Miller aren’t female where it counts in athletics: in the bodily realm. Again, it is bodies, not subjective mental states, that are the very issue in the case."
Emmons opines that trans activists and "their allies like Judge Chatigny" are trying to ensure that trans persons don't have their feelings hurt. She says not feeling bad isn’t a right guaranteed under law, that fairness and equality are ideals enshrined by law, but athletes with male bodies should not be allowed to compete against those with female bodies.