These days it feels like a revolutionary act to simply notice basic reality, but that’s what U.S. District Judge Matthew Kacsmaryk did in striking down the Biden Administration’s tranny mandates on businesses.
A federal court in Texas has issued an order to vacate portions of the Equal Employment Opportunity Commission (EEOC) 2024 Enforcement Guidance that interpreted Title VII of the Civil Rights Act to mandate accommodations for transgender employees related to pronouns, dress codes, and bathroom access.
The EEOC “Enforcement Guidance on Harassment in the Workplace” was issued in 2024, and created enforcements for how sex-based harassment includes harassment based on “sexual orientation or gender identity,” including misusing pronouns and “the denial of access to a bathroom… consistent with the individual’s gender identity.”
The social justice left isn’t just at war with Christianity, American patriotism and traditional sex roles, but with biological reality itself. In the future, the pronoun police and sex as social construct idiocy will be seen as an inexplicable madness of our age the same way that Pyramid Power and the Bermuda Triangle are exemplifiers of the craziness of the 1970s.
Soon after the guidance was issued, Attorney General Ken Paxton and the conservative Heritage Foundation filed suit, arguing that it unlawfully compels employers to adopt “transgender” mandates under the threat of discrimination or harassment lawsuits.
U.S. District Judge Matthew Kacsmaryk issued the order last Thursday, finding that the guidance “contravenes Title VII’s plain text by expanding the scope of ‘sex’ beyond the biological binary: male and female.”
Title VII of the Civil Rights Act of 1964 created the EEOC to enforce the prohibitions on employment discrimination.
Paxton’s lawsuit argued that the EEOC guidance “relies on an intentional misrepresentation of the Bostock v. Clayton County (2020) decision by the U.S. Supreme Court.” He added that the decision “did not discuss how such employers must accommodate such employees in the workplace.”
Kacsmaryk notes in his ruling that “Bostock does not authorize the Guidance’s expansion of Title VII ‘sex’ to include new categories or classes.”
Shortly after entering office in January, President Donald Trump issued an executive order (EO) titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which instructed the U.S. attorney general to “issue guidance to ensure the freedom to express the binary nature of sex and the right to single-sex spaces in workplaces and federally funded entities covered by the Civil Rights Act of 1964.”
Gov. Greg Abbott has also issued a letter to state agency heads directing them to “comply with the law and the biological reality that there are only two sexes — male and female.”
Theoretically, anything a previous administration did through executive fiat should be capable of being undone by the next administration the same way, but as the recent efforts of rogue lefty judges to thwart Trump47 from doing just that prove, additional weapons are needed to reign in the radical social justice excesses of the Biden regime. So it’s good to have a judicial ruling that 2+2=4, the sun rises in the East, and, yes, there are two biological sexes, male and female, and a man claiming he’s a woman doesn’t magically make him one.