Transgender laws, parental authority, and the foundations of our republic
The clash of ideas between historic American liberties and LGBT ideology has caught some classical liberals on the right flat-footed. Healthcare âprofessionalsâ from Boston to Nashville are are altering the bodies of âtransgenderâ children irreversibly, and progressives are accelerating the effort to cut parents out of the decision.
The foundations of our republic now face the universal solvent of gender ideology as identity politics mutates into medicalized violence and self-harm.
The baby is being thrown out with the bathwater, but some conservatives wonât quit whining about conserving the water.
Where is the acknowledgement that the time is here when we have to say noâthat losing a court case this time does not mean simply walking away from a job, as in the cases of the bakers and florists?
We canât walk away. Or back down.
Parents are poised to lose custody over gender ideology. Author and activist Abigail Shrier has already documented parents who have lost their children to the system or left home practically overnight to escape it.
Is the fundamental issue and solution really civility and ⌠pluralism?
Against David Frenchism?
The impetus for my ire comes from columnist David Frenchâs recent Sunday newsletter in The Dispatch, in which he rightfully condemned Californiaâs new transgender âsanctuaryâ law (signed September 29).
Threatening to separate families, Senate Bill 107 allows California to take âtemporary emergency jurisdictionâ in custody matters regarding children who seek so-called âgender-affirmingâ medical interventions. Get a child to California, and the law could bar dissenting parents from even receiving information about the childâs treatment.
Texas Attorney General Ken Paxton and Governor Greg Abbott have in some ways taken the opposite approach, citing existing child abuse laws to âinvestigate the parents of children subjected to gender-transitioning procedures.â And at least nine families have faced state investigation so far.
But French calls this an âilliberal extremeââthat California and Texas are mirror images of the same evil, namely, questioning parentâs rights. Texasâ actions, he says, are âunjustâ and âdestabilizing.â
But what exactly is the argument that this is not child abuse? French did not raise the question of how to treat parents manipulated to believe their children must choose transition or suicide. He all but called it legitimate medicine over which reasonable people can disagree.
So-called âpuberty blockersâ and cross-sex hormones stunt, disfigure, and sterilize children. Girls as young as 15 are receiving âtop surgeryâ to cut off their breasts. Chemically castrated boys are being groomed for âbottom surgeryâ when they reach 18, which can cause permanent urination problems. Vaginoplasty creates a permanent wound between his legs for the sole purpose of allowing another man to sexually violate him in said wound.
For French, the moral and Christian thing is to eschew extremes. The tolerant âcenterâ of American pluralism must include the freedom of âlovingâ parents to disfigure and sterilize their children if such services are available. After all, itâs a contentious issue and the medical field is divided.
âItâs not enough to disagree over important matters,â French says. âNow the culture war requires a direct attack on the most fundamental American liberty interests.â
Merely disagree? Parents mutilating kids is a fundamental liberty interest?
In the name of pluralism, of de-escalation, French tacitly regurgitates pro-choice propaganda. I couldnât help but hear that âthe government has no place between a woman and her doctor.â
What Texas is doing is not extreme. What would be extreme is to have done to doctors and activists what theyâre doing to children. But with the way he equated Texas and California, French might as well have stretched his view of pluralism to allow us to define for ourselves the meaning of the colors of stoplights.
This conservatism is toothless, bankrupt, and self-defeating. âFoundational American rights,â French says? But what about the foundation undergirding those rights?
Maslowâs Hierarchy of American Needs
To discover why this is so foolishâand destructiveâwe can turn to a social and motivational theory commonly called Maslowâs Hierarchy of Needs, from twentieth-century psychologist Abraham Maslow.
To put it simply, a starving person does not read Shakespeare.
A person has basic, foundational needs (like food and safety) that must be met before heâs able to meaningfully engage in higher forms of personal growth. A person builds on these needs toward relational, emotional, and intellectual rigor and happiness.
A functioning society, though, has its own hierarchy of needs on which the complex matrices of its institutions rest. Society is a structureâwith foundations and supports. Societal tenets high atop this proverbial structure are supported (or held up) by what lies beneath.
French wants to conserve the American experimentâand that includes a level of pluralism. But pluralism resides high on this societal âneedsâ structure and support system. Pluralism isnât the foundation, as French argues. Itâs not a basic need. If anything is foundational, itâs the definition of male and female. If we cannot agree on basic truths like that, no amount of procedural pluralism will hold the nation together.
You cannot allow the ânaturalâ in natural law to be redefined and expect institutions higher up the structure not to totter.
To mix this metaphor: Our postmodern society is playing Jenga, snatching truths out from under our institutions. If you want to conserve a tottering classical liberalism, you have to target the real vulnerability.
Zero Sum
As a Reformed Presbyterian, Iâm more broadly skeptical of a system built upon a frankly vague head-nod to rights âendowed by our Creator.â Even so, postmodernism has turned the Creator into Ourselves.
Do you want to conserve the system weâve got? Greg Abbottâs investigation of parents isn’t the problem.
We must shore up the foundations. You canât conserve pluralism without conserving male and female. You canât conserve inalienable rights if those rights are endowed by ourselves. Combating this abuseâincluding investigating parents as Texas is doingâmeets a more basic need on which a non-toxic pluralism might be able to exist.
This is zero sum.
Do my feelings tell me who I am? Or does who I am tell me how to interpret my feelings?
Is my body in conflict with who I am? Or is my mind in conflict with who I am?
There is no appeasement, because the two views cannot co-exist. Ontologyâwho and what we are irrespective of what we feelâdetermines what counts as âequal protectionâ under the law. The state must act in accord with what is true. And if California is right, every state has the legal compelling interest and moral duty to enshrine gender ideology and ignore religious liberty, parentsâ rights, or anything else.
Mentally unstable postpartum mothers have drowned their children thinking that theyâre loving them. We may not replace what is true (natural law) with feelings, even if we call those feelings âlove.â A pluralism built on lies about âthe loving thing to doâ will irreparably sacrifice children while gaining little more than a temporary pause in our cultural rupture.
People identify as transgender, but that does not turn a man into a woman.
People identify as gay, but no amount of same-sex attraction creates a different type of human.
The emperor has no clothes. And nothing is endowed with virtue simply because it is democratically chosen.
A Call to Action
California Senate Bill 107 goes into effect January 1. If you live in Florida, it may feel like half a continent away. But for your daughter whoâs been groomed by TikTokâor a school counselorâitâs a midnight Uber ride to the Amtrak station.
This is not a drill. Churches in California and elsewhere should be actively organizing an Underground Railroad of sortsâand quick response plans to show up en masse to any congregantâs home at imminent risk of state intervention.
The time is now to create plans to get the next father and his son away from a mother who wants the boy to transition.
Even more importantly, governors and lesser magistrates (all the way down to county sheriffs) must be willing to say noâincluding to courts in their own states. Governors must be clear that they will welcome and protect those fleeing this kind of evil in states like California.
We will argue our cases before the courts of this land, but we are not asking for their permission. Court decisions cannot change what we must do. âAn unjust law is no law at all,â as Martin Luther King, Jr. exhorted, quoting Augustine.
The clashes with our societyâs leading idol are accelerating. Washington and Oregon removed parental consent years ago, including blocking parental access to health records. But a far more sweeping Canadian law on âconversion therapyâ this year made parents or pastors liable to jail-time if they so much as seek to âreduceâ a childâs sexual behavior or gender expression. West Lafayette, Indiana has already tried and failed to use Canada as a model. A mere commitment to âpluralismâ wonât stop them forever.Â
Earlier this month, the Michigan legislature introduced a law to criminalize gender transition procedures as first degree child abuse. Yet âchild abuseâ is the very term a Virginia delegateâthat same weekâsaid she wants to use to criminalize parents who do not affirm their childâs chosen sexual identity.
Conservatism? Conserve the definitions of male and female. Conserve the foundation of our rights. Otherwise, anything we (or our forefathers) build on that foundation will collapse under the weight of our own foolishness.
As G.K. Chesterton warned: âFires will be kindled to testify that two and two make four. Swords will be drawn to prove that leaves are green in summer.â Here we must stand. God helping us, we can do no other.
*Image Credit: Pexels