“The American Civil Liberties Union (ACLU) recently posted a tweet supportive of women who identify as men in recognition of International Men’s Day.
“There’s no one way to be a man,” it wrote. “Men who get their periods are men. Men who get pregnant and give birth are men. Trans and non-binary men belong. #InternationalMensDay”
While the post generated over 16,000 likes, it also drew over 24,000 comments, many of which expressed bewilderment and disgust.
“Stop trying to hijack a day that’s supposed to recognize men, their achievements, their struggles and all the good they put out into the world,” one woman wrote.
“Can you please tell me where the man’s uterus is that carries the baby? I didn’t learn that in one of my medical college classes,” another asked.
“There’s no one way to be a circle. Circles that have straight edges are still circles. Circles that have corners are still circles. Triangles and squares belong,” one man jested.
“There actually is one way to be a man. Have an X and a Y chromosome. Science!” another declared.
The religious liberties organization Alliance Defending Freedom (ADF) also took note of the tweet, expressing concern over the group’s mindset in light of its lawsuit against a Christian-owned funeral director. The case is currently before the U.S. Supreme Court.
As previously reported, the ACLU filed suit against RG & GR Harris Funeral Homes in 2014 on behalf of Anthony Stephens, a man who goes by the name Aimee Stephens. In 2007, Stephens was hired as the funeral director and embalmer for the facility, presenting himself at that time as a man. Six years later, he informed his employer that he had been diagnosed with gender dysphoria and would therefore desire to wear a woman’s suit for work.
Because owner Thomas Rost did not feel comfortable with providing Stephens with a skirt suit due to his Christian convictions (the funeral home provides suits in accordance with the company dress code), Stephens was let go.
The then-fired funeral director consequently took the matter to the federal Equal Employment Opportunity Commission (EEOC), which sued Rost with the aid of the ACLU in alleging gender discrimination.
In August 2016, U.S. District Judge Sean Cox sided with the funeral home and dismissed the EEOC’s legal challenge.
“The court finds that the funeral home has met its initial burden of showing that enforcement of Title VII, and the body of sex-stereotyping case law that has developed under it, would impose a substantial burden on its ability to conduct business in accordance with its sincerely-held religious beliefs,” he wrote.
“Rost sincerely believes that it would be violating God’s commands if he were to permit an employee who was born a biological male to dress in a traditionally female skirt-suit at the funeral home because doing so would support the idea that sex is a changeable social construct rather than an immutable God-given gift,” Cox said.
However, the Sixth Circuit Court of Appeals disagreed with Cox’s ruling and overturned the decision in March 2018.
“Discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII. The unrefuted facts show that the funeral home fired Stephens because [he] refused to abide by [his] employer’s stereotypical conception of [his] sex, and therefore the EEOC is entitled to summary judgment as to its unlawful-termination claim,” wrote Judge Karen Nelson Moore on behalf of the unanimous panel.
On Oct. 8, the ACLU presented legal argument before the nation’s highest court, arguing that it should rule that existing civil rights law prohibiting discrimination on the basis of sex should be read to include those who identify as transgender.
“Regardless of what you believe about these issues, any honest reading of the ACLU’s tweet must conclude that the ACLU is calling for a wholesale redefinition of what it means to be a man or woman,” John Bursch, ADF’s vice president of Appellate Advocacy, said in an article published by The Hill.
“If the ACLU prevails, it will demand that a man identifying as a woman be allowed to sleep in the same room as abused women at an overnight shelter. It will demand that high school boys identifying as girls be allowed in the girls’ shower. And it will demand that any male identifying as a female be allowed to take a female’s place on a women’s sport team, or on the winner’s podium,” he wrote.
“When Title VII was enacted more than half a century ago, everyone understood that a prohibition on ‘sex’ discrimination meant that an employer had to treat women and men equally. No one thought the statute meant that an employer must treat a man as a woman. Yet outside the courtroom, that is precisely what the ACLU demands.”
A decision will be issued by the U.S. Supreme Court in 2020.”