Double Victory for Governor DeSantis’ Policies

Fox News ran an auspicious story this week, headlined:

“Federal judge sides with DeSantis on transgender athletes, upholds ban on biological males on female teams.”

It’s a terrific win, upholding Florida’s new law requiring sports teams to be segregated by biological sex, but it was actually a double victory.

Federal Judge Roy Altman (a Trump appointee) had stayed his case waiting for the Eleventh Circuit Court in Atlanta to rule on the appeal of a related Jacksonville case, which featured sex-segregated bathrooms instead of sports teams.

In the Eleventh Circuit bathroom case, a three-judge panel held that sex-segregated bathroom rules did not violate federal law, because Title IX’s reference to “sex” does not encompass “gender identity.” Sex is sex. Mental thoughts about sex are something else.

The bathroom holding was a giant victory for common sense, a significant legal precedent, and a Rosetta Stone for Judge Altman’s sports case.

In light of the ‘sex is sex’ ruling, Judge Altman un-stayed his case, and issued his own ruling upholding Florida’s new ban against cross-dressing players joining the other sex’s team.

For some reason, this phenomenon almost always involves boys trying to get on the girls’ team. It’s weird how you almost never hear about girls trying to join the boys’ sports teams.

It’s almost like there’s something inherent or intrinsic in biological … oh, never mind. I digress.

Judge Altman gave the plaintiffs a November 21st deadline to try to amend their complaint to show either (a) how “Title IX prohibits Florida from treating (plaintiff), a biological male, differently than biological females,” or (b) how the law subjects the plaintiff to “discriminatory animus.”

The plaintiff’s lawyers and the grotesque, government-funded non-profits pushing gender ideology are assessing their options.

Given the Eleventh’s Circuit’s ‘sex is sex’ bathroom ruling, an appeal seems fruitless. And since Judge Altman flatly described the plaintiff as a ‘biological male,’ he doesn’t seem especially receptive to all the emotional manipulation.

So amendment looks pretty futile, too.

Jeff Childers

Jeff Childers is the president and founder of the Childers Law firm. Jeff interned at the Federal Bankruptcy Court in Orlando, where he helped write several widely-cited opinions. He then worked as an associate with the prestigious firm of Winderweedle, Haines, Ward & Woodman in Orlando and Winter Park, Florida before moving back to Gainesville and founding Childers Law. Jeff served for three years on the Board of Directors of the Central Florida Bankruptcy Law Association. He has also served on the Board of Directors of the Eighth Judicial Bar Association, and on the Rules Committee for the Northern District of Florida Bankruptcy Court. Jeff has published several articles as co-author with Professor William Page of the Levin College of Law (University of Florida) on the topic of anti-trust in the Microsoft case. He also is the author of an article on the topic of Product Liability in the Software Context. Jeff focuses his area of practice on commercial litigation, elections law, and constitutional issues. He is a skilled trial litigator and appellate advocate.


Post Your Comment

Your email address will not be published. Required fields are marked *