A new federal lawsuit challenging a New York policy on constitutional grounds has been filed in the U.S. District Court for the Northern District of New York. The lawsuit contends that this policy violates the Free Speech Clause of the First Amendment and the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
At first blush, this news may sound encouraging. New York has certainly passed some constitutionally suspect laws over the past year (the Counselor Coercion Law and the Boss Law come to mind). Does this lawsuit seek to correct an injustice?
No. Not at all. Instead, the lawsuit makes the allegation that the State of New York has violated the constitutional rights of a teenaged girl with gender dysphoria by not allowing her to obtain a revised birth certificate falsely stating that she is male. The lawsuit was filed on January 7, 2020 by Lambda Legal. (Among other things, Lambda Legal is known for publishing a “Little Black Book” that advises men on how to avoid getting into trouble with the law when cruising for homosexual sex in public places.)
If the State of New York had not decided to allow adults to obtain revised birth certificates that reflect their preferred gender identities, there would be little or no basis for an equal protection claim in this case. Because the state has allowed “transgender” adults to obtain revised birth certificates since 2014, however, the plaintiff may be able to persuade the court that it is unfair for the state not to allow minors to do the same. Furthermore, it is difficult to imagine the Attorney General’s Office mounting a strong defense against this lawsuit. Worse yet, the Cuomo administration has already proclaimed itself to be “‘deeply sympathetic to the situation as it has been described to us.’”
New Yorkers for Constitutional Freedoms will be watching this court case closely. We will also be watching the Cuomo administration to see whether it will introduce a proposed bill or regulation that would allow minors to obtain “transgender” birth certificates. If such a bill or regulation is proposed, we will be calling on our friends and supporters to join us in speaking out for the truth: A person’s sex is not a matter of preferences or feelings, but a God-given and unchangeable scientific fact.