Transgender Rights and the Constitution

COPYRIGHT WARNING

An individual’s immutable biological sex is objectively determined by anatomy, physiology, or genetics at or before birth. A person may determine that they wish to be known by an alternative gender, but this does not void their biological gender identity.

Government and society is not obligated to grant special rights or privileges to those who change their biological sex. The Constitution already protects the civil rights of males and females. It was never the intent of the framers of the Constitution to grant special protection or civil rights to a new class of persons that is not supported by their biological identity.

When transgender individuals demand special rights for themselves because they personally identify as a sex other than that of their birth, they often infringe upon the rights of other persons. In the case of public restrooms, a person who is biologically a man and demands access to public restroom designated for females, violates the right of privacy and safety for females who use these facilities.

This example is one of many that arise when special rights are given to persons who change their gender identity. In every case, the rights of other persons must be impinged in order to grant special rights to those who change their birth gender.

The framers of the Constitution were well aware that homosexual and lesbian persons existed in their society. It was never the intention of the Constitution to grant special rights to these individuals. To the contrary, Thomas Jefferson wrote and spoke in opposition to these persons as violators of the laws that govern human behavior. When the government of the United States was founded, homosexuality was considered a capital offense.[1] In all of the original thirteen colonies and later, all fifty of the United States, sodomy was punished by severe penalties with several states invoking a sentence of death, such as New York, Vermont, Connecticut, and South Carolina.[2] Thomas Jefferson authored a bill that called for dismemberment as the punishment for sodomy in the state of Virginia.[3]

It is impossible to assert that the Constitution of the United States intended that persons who change their biological identity should be granted special protection.

The progressive movement views the Contitution as a document that should evolve over time with the changing opionions and ideas of society. All laws which govern human life are only valid if they are immutable and fixed for all time. Any generation which seeks to change the Constitution because of the changing opinions of society, will destroy the very fabric that has created this free and righteous nation.


NOTES:

[1] Robinson, B.A. (2003), “Criminalizing Same-Sex Behavior, Sodomy Laws” [On-line], URL: http://www.religioustolerance.org/hom_laws1.htm.
[2] Barton, David (2002), pp. 306,482 Original Intent (Aledo, TX: Wallbuilders), 3rd edition.
[3] Thomas Jefferson Library of Congress, Bill authored in: 1781, Query 14; cf. 1903, 1:226-227.