judicialsupport

Legal Writing for Legal Reading!

Archive for the tag “law”

I’m a Pediatrician. How Transgender Ideology Has Infiltrated My Field and Produced Large-Scale Child Abuse.

Every now and again I come across a fantastic article the warrants posting here; I recently came across one in the Daily Signal which, I thought, was pretty insightful. Be edified.

__________

Transgender politics have taken Americans by surprise, and caught some lawmakers off guard.

Just a few short years ago, not many could have imagined a high-profile showdown over transgender men and women’s access to single-sex bathrooms in North Carolina.

But transgender ideology is not just infecting our laws. It is intruding into the lives of the most innocent among us—children—and with the apparent growing support of the professional medical community.

As explained in my 2016 peer reviewed article, “Gender Dysphoria in Children and Suppression of Debate,” professionals who dare to question the unscientific party line of supporting gender transition therapy will find themselves maligned and out of a job.

I speak as someone intimately familiar with the pediatric and behavioral health communities and their practices. I am a mother of four who served 17 years as a board certified general pediatrician with a focus in child behavioral health prior to leaving clinical practice in 2012.

For the last 12 years, I have been a board member and researcher for the American College of Pediatricians, and for the last three years I have served as its president.

I also sat on the board of directors for the Alliance for Therapeutic Choice and Scientific Integrity from 2010 to 2015. This organization of physicians and mental health professionals defends the right of patients to receive psychotherapy for sexual identity conflicts that is in line with their deeply held values based upon science and medical ethics.

I have witnessed an upending of the medical consensus on the nature of gender identity. What doctors once treated as a mental illness, the medical community now largely affirms and even promotes as normal.

Here’s a look at some of the changes.

The New Normal

Pediatric “gender clinics” are considered elite centers for affirming children who are distressed by their biological sex. This distressful condition, once dubbed gender identity disorder, was renamed “gender dysphoria” in 2013.

In 2014, there were 24 of these gender clinics, clustered chiefly along the east coast and in California. One year later, there were 40 across the nation.

With 215 pediatric residency programs now training future pediatricians in a transition-affirming protocol and treating gender-dysphoric children accordingly, gender clinics are bound to proliferate further.

Last summer, the federal government stated that it would not require Medicare and Medicaid to cover transition-affirming procedures for children or adults because medical experts at the Department of Health and Human Services found the risks were often too high, and the benefits too unclear.

Undeterred by these findings, the World Professional Association for Transgender Health has pressed ahead, claiming—without any evidence—that these procedures are “safe.”

Two leading pediatric associations—the American Academy of Pediatrics and the Pediatric Endocrine Society—have followed in lockstep, endorsing the transition affirmation approach even as the latter organization concedes within its own guidelines that the transition-affirming protocol is based on low evidence.

They even admit that the only strong evidence regarding this approach is its potential health risks to children.

The transition-affirming view holds that children who “consistently and persistently insist” that they are not the gender associated with their biological sex are innately transgender.

(The fact that in normal life and in psychiatry, anyone who “consistently and persistently insists” on anything else contrary to physical reality is considered either confused or delusional is conveniently ignored.)

The transition-affirming protocol tells parents to treat their children as the gender they desire, and to place them on puberty blockers around age 11 or 12 if they are gender dysphoric.

If by age 16, the children still insist that they are trapped in the wrong body, they are placed on cross-sex hormones, and biological girls may obtain a double mastectomy.

So-called “bottom surgeries,” or genital reassignment surgeries, are not recommended before age 18, though some surgeons have recently argued against this restriction.

The transition-affirming approach has been embraced by public institutions in media, education, and our legal system, and is now recommended by most national medical organizations.

There are exceptions to this movement, however, in addition to the American College of Pediatricians and the Alliance for Therapeutic Choice. These include the Association of American Physicians and Surgeons, the Christian Medical & Dental Associations, the Catholic Medical Association, and the LGBT-affirming Youth Gender Professionals.

The transgender movement has gained legs in the medical community and in our culture by offering a deeply flawed narrative. The scientific research and facts tell a different story.

Here are some of those basic facts.

1. Twin studies prove no one is born “trapped in the body of the wrong sex.”

Some brain studies have suggested that some are born with a transgendered brain. But these studies are seriously flawed and prove no such thing.

Virtually everything about human beings is influenced by our DNA, but very few traits are hardwired from birth. All human behavior is a composite of varying degrees for nature and nurture.

Researchers routinely conduct twin studies to discern which factors (biological or nonbiological) contribute more to the expression of a particular trait. The best designed twin studies are those with the greatest number of subjects.

Identical twins contain 100 percent of the same DNA from conception and are exposed to the same prenatal hormones. So if genes and/or prenatal hormones contributed significantly to transgenderism, we should expect both twins to identify as transgender close to 100 percent of the time.

Skin color, for example, is determined by genes alone. Therefore, identical twins have the same skin color 100 percent of the time.

But in the largest study of twin transgender adults, published by Dr. Milton Diamond in 2013, only 28 percent of the identical twins both identified as transgender. Seventy-two percent of the time, they differed. (Diamond’s study reported 20 percent identifying as transgender, but his actual data demonstrate a 28 percent figure, as I note here in footnote 19.)

That 28 percent of identical twins both identified as transgender suggests a minimal biological predisposition, which means transgenderism will not manifest itself without outside nonbiological factors also impacting the individual during his lifetime.

The fact that the identical twins differed 72 percent of the time is highly significant because it means that at least 72 percent of what contributes to transgenderism in one twin consists of nonshared experiences after birth—that is, factors not rooted in biology.

Studies like this one prove that the belief in “innate gender identity”—the idea that “feminized” or “masculinized” brains can be trapped in the wrong body from before birth—is a myth that has no basis in science.

2. Gender identity is malleable, especially in young children.

Even the American Psychological Association’s Handbook of Sexuality and Psychology admits that prior to the widespread promotion of transition affirmation, 75 to 95 percent of pre-pubertal children who were distressed by their biological sex eventually outgrew that distress. The vast majority came to accept their biological sex by late adolescence after passing naturally through puberty.

But with transition affirmation now increasing in Western society, the number of children claiming distress over their gender—and their persistence over time—has dramatically increased. For example, the Gender Identity Development Service in the United Kingdom alone has seen a 2,000 percent increase in referrals since 2009.

3. Puberty blockers for gender dysphoria have not been proven safe.

Puberty blockers have been studied and found safe for the treatment of a medical disorder in children called precocious puberty (caused by the abnormal and unhealthy early secretion of a child’s pubertal hormones).

However, as a groundbreaking paper in The New Atlantis points out, we cannot infer from these studies whether or not these blockers are safe in physiologically normal children with gender dysphoria.

The authors note that there is some evidence for decreased bone mineralization, meaning an increased risk of bone fractures as young adults, potential increased risk of obesity and testicular cancer in boys, and an unknown impact upon psychological and cognitive development.

With regard to the latter, while we currently don’t have any extensive, long-term studies of children placed on blockers for gender dysphoria, studies conducted on adults from the past decade give cause for concern.

For example, in 2006 and 2007, the journal Psychoneuroendocrinology reported brain abnormalities in the area of memory and executive functioning among adult women who received blockers for gynecologic reasons. Similarly, many studies of men treated for prostate cancer with blockers also suggest the possibility of significant cognitive decline.

4. There are no cases in the scientific literature of gender-dysphoric children discontinuing blockers.

Most, if not all, children on puberty blockers go on to take cross-sex hormones (estrogen for biological boys, testosterone for biological girls). The only study to date to have followed pre-pubertal children who were socially affirmed and placed on blockers at a young age found that 100 percent of them claimed a transgender identity and chose cross-sex hormones.

This suggests that the medical protocol itself may lead children to identify as transgender.

There is an obvious self-fulfilling effect in helping children impersonate the opposite sex both biologically and socially. This is far from benign, since taking puberty blockers at age 12 or younger, followed by cross-sex hormones, sterilizes a child.

5. Cross-sex hormones are associated with dangerous health risks.

From studies of adults we know that the risks of cross-sex hormones include, but are not limited to, cardiac disease, high blood pressure, blood clots, strokes, diabetes, and cancers.

6. Neuroscience shows that adolescents lack the adult capacity needed for risk assessment.

Scientific data show that people under the age of 21 have less capacity to assess risks. There is a serious ethical problem in allowing irreversible, life-changing procedures to be performed on minors who are too young themselves to give valid consent.

7. There is no proof that affirmation prevents suicide in children.

Advocates of the transition-affirming protocol allege that suicide is the direct and inevitable consequence of withholding social affirmation and biological alterations from a gender-dysphoric child. In other words, those who do not endorse the transition-affirming protocol are essentially condemning gender-dysphoric children to suicide.

Yet as noted earlier, prior to the widespread promotion of transition affirmation, 75 to 95 percent of gender-dysphoric youth ended up happy with their biological sex after simply passing through puberty.

In addition, contrary to the claim of activists, there is no evidence that harassment and discrimination, let alone lack of affirmation, are the primary cause of suicide among any minority group. In fact, at least one study from 2008 found perceived discrimination by LGBT-identified individuals not to be causative.

Over 90 percent of people who commit suicide have a diagnosed mental disorder, and there is no evidence that gender-dysphoric children who commit suicide are any different. Many gender dysphoric children simply need therapy to get to the root of their depression, which very well may be the same problem triggering the gender dysphoria.

8. Transition-affirming protocol has not solved the problem of transgender suicide.

Adults who undergo sex reassignment—even in Sweden, which is among the most LGBT-affirming countries—have a suicide rate nearly 20 times greater than that of the general population. Clearly, sex reassignment is not the solution to gender dysphoria.

Bottom Line: Transition-Affirming Protocol Is Child Abuse

The crux of the matter is that while the transition-affirming movement purports to help children, it is inflicting a grave injustice on them and their nondysphoric peers.

These professionals are using the myth that people are born transgender to justify engaging in massive, uncontrolled, and unconsented experimentation on children who have a psychological condition that would otherwise resolve after puberty in the vast majority of cases.

Today’s institutions that promote transition affirmation are pushing children to impersonate the opposite sex, sending many of them down the path of puberty blockers, sterilization, the removal of healthy body parts, and untold psychological damage.

These harms constitute nothing less than institutionalized child abuse. Sound ethics demand an immediate end to the use of pubertal suppression, cross-sex hormones, and sex reassignment surgeries in children and adolescents, as well as an end to promoting gender ideology via school curricula and legislative policies.

It is time for our nation’s leaders and the silent majority of health professionals to learn exactly what is happening to our children, and unite to take action.

By Michelle Cretella and published in the Daily Signal on July 3, 2017 and can be found here.

In support of the above, Dr. Cretella said this:

Advertisements

Suit Challenges Constitutionality of Tax Code Parsonage Allowance

This is from religionclause.blogspot.com which you can find here:

“In a lawsuit filed this week, the Freedom From Religion Foundation is again challenging the constitutionality of the Internal Revenue Code’s parsonage allowance.  The complaint (full text) in Gaylor v. Lew, (WD WI, filed 4/6/ 2016), contends that Section 107 of the Internal Revenue Code–which allows clergy to exclude from taxable income a housing allowance paid as part of their compensation– violates the Establishment Clause.  The suit was brought by two FFRF officers who also received housing allowances.  One of the plaintiffs is an ordained minister who in prior years when employed by a church was able to claim the allowance.  In 2014, the 7th Circuit dismissed a similar suit on standing grounds because plaintiffs had not sought to exclude their FFRF allowances on their federal income tax returns or claim a tax refund. (See prior posting.) This time plaintiffs did file amended returns seeking a refund of taxes paid on their housing allowances. FFRF issued a press release announcing the filing of the lawsuit.”

You can learn more about this issue here.

Yessource: Live in Springfield, 11/19/87

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

The United Shapes of Arithmetic: An American Flag

Nathan Rudolph, my friend and fellow parishioner at St. John the Evangelist Anglican Church, has started a comic strip which I have greatly enjoyed and appreciated.  With his permission, I will repost them here after he posts them.  I think my readers will appreciate them as much as I do as they are rather insightful with a snarky edge.  Enjoy!

Here are the links to the previously posted strips:

Here is the latest strip:

https://scontent-lga3-1.xx.fbcdn.net/v/t1.0-9/22366786_1327520117354599_8274247563828994579_n.jpg?oh=36d6386cb8d3789943e6b20517d9e95f&oe=5A41D371

Yessource: Live in Omaha, 11/14/87

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Yes Featuring ARW Playbill for the 10/1/17 Show

Here is another addition to my series of Yes music posts.  I started this series here and a collection of all my Yes-related posts is here.

I saw the progressive rock band Yes (technically Yes featuring Anderson, Rabin, Wakeman) play a show at the at the Kimmel Center in Philadelphia, PA on October 1, 2017 during the their An Evening of Yes Music and More Tour.  I posted a review and photographs from this show here.  You can also read more about this show here.

The Kimmel Center often produces and distributes an event program at its shows, and the October 1, 2017 ARW concert was no different. I have taken photographs of that program and posted them below as fans may enjoy and be interested in what the band authorized for its show.

 

Way beyond the New Atheist Nonsense

Every now and again I come across a fantastic article the warrants posting here; I recently came across one in First Things which, I thought, was pretty insightful. Be edified.

__________

Given the intellectual flimsiness of their work, it’s best to look for cultural causes to explain the popularity of the “New Atheists.” And surely one factor is the now-canonical notion in Western high culture that biblical religion is incompatible with modern natural science—an idea rooted in the notion that the “scientific method” is the only way to get at the truth. (William Shakespeare, call your office.)

Yet facts are stubborn things. And the fact is that two Catholic priests, Gregor Mendel, O.S.A., and Georges Lemaitre, were pivotal figures in creating two of the most important scientific enterprises of the twenty-first century: modern genetics, which is giving humanity previously unimaginable powers over the human future; and modern cosmology, which is giving us glimpses of the universe in the first moments of its existence.

Mendel is perhaps the more familiar figure; most high school biology classes explain how the Moravian monk developed gene theory and the theory of inherited characteristics (with its distinction between recessive and dominant traits) from his studies of the humble pea. Lemaitre, a Belgian, was a brilliant mathematician who first articulated the Big Bang theory of the universe’s origins and subsequent expansion. That proposal, ridiculed by some at first, now reigns supreme in astrophysics and seems to have been verified by the astonishing work of the Hubble Space Telescope. Watch for Father Lemaitre’s bold idea to gain even further traction from the findings of the James Webb Space Telescope when it begins orbiting the sun, a million miles from Earth, in a few years.

So unless one wishes to assert that Mendel and Lemaitre were split personalities who said Mass in the morning and did science in the afternoon, thereby dividing their lives into hermetically-sealed containers, the cutting edges of modern science itself would seem to rebut the claim that “believer” and “scientist” are mutually incompatible human types.

St. John Paul II was fascinated by the hard sciences (physics, chemistry, astronomy) throughout his life; for decades, he hosted at Castel Gandolfo a bi-annual seminar of leading figures in those fields, so that he could keep abreast of developments in their disciplines. But for John Paul II, everything eventually pointed to the New Evangelization. So even before he began using that term, he sent a letter to the head of the Vatican Observatory, noting that “those members of the Church who are either themselves active scientists, or in some special cases both scientists and theologians, could serve as a key resource” in bridging the chasm that too often separates modern science and biblical religion. Those scientists and scientist-theologians, the pope continued, “can also provide a much needed ministry to others struggling to integrate science and religion in their own intellectual and spiritual lives.”

John Paul II’s challenge has now been taken up by the Society of Catholic Scientists. From a standing start last year, the Society now has almost 400 members, 80 percent of whom hold a doctorate in the natural sciences, the rest being primarily graduate students. That’s an impressive head count for such a new outfit; it also suggests that membership in such a Catholic organization is not an impediment to being taken seriously in the highly competitive academic world of natural science. SCS’s inaugural conference in April was addressed by scholars from Harvard, Oxford, MIT, Penn, Brown, and the University of Texas at Austin.

The moving force in organizing the Society has been Dr. Stephen Barr, professor of theoretical particle physics at the University of Delaware. Barr’s engaging and accessible articles have long been familiar to readers of First Things, and those looking for something different by way of vacation reading this summer might pick up the recently-published collection of his essays, The Believing Scientist. There, Barr discusses everything from evolution to the mind/soul debate to Big Bang cosmology to science-as-ersatz-religion, while gently skewering a few luminaries who begin to talk nonsense when they venture beyond their remit as scientists.

The Bible teaches that God impressed his intelligibility onto the world through creation by the Word. When that conviction weakens, faith in reason begins to crumble and the result is the intellectual playpen known as post-modernism. In renewing the covenant between faith and reason, the Society of Catholic Scientists serves the good of both—and of our culture.

By George Weigel and published in First Things on June 14, 2017 and can be found here.

 

YOUR CHAKRA IS SHOWING

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

I am not a particularly spiritual person. I consider myself to be a very solid, staid and responsible person. That is probably why I became a lawyer. The legal profession does not lend itself to meandering thoughts, and regular self-examination. The law is a profession of evidence, rules, and having to do things in a certain way.

But lately I seem to be seeing terms which formerly were considered “woo-woo” making their way into mainstream thinking and literature. So if I am reading an article or magazine about architecture and exterior design, there is generally a mention of feng shui or creating good karma, or the importance of surrounding oneself with crystals or harmonious colors. If I am reading a women’s magazine there are always articles about wellness, relaxation, meditation, etc. Although in years past the West Coast in the United States was the origination point for many of the…

View original post 665 more words

Yessource: YesCon with Steve Howe in Cherry Hill on 7/18/87

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

 

 

Distributism and Large-Scale Industry

This article is part of my posts on the economic system of distributism.  This is from practicaldistributism.blogspot.com which you can find here:

____________

Thomas Storck’s recent article about the antagonistic relationship between owners and workers prevalent in capitalist enterprises included the following statement. “The activity of the Mondragon cooperatives in Spain proves that there is no reason why large-scale and highly technical industrial operations cannot be worker owned.” This sentence prompted a reader to respond with a request.

“Please provide a follow up article showing how this system works for Mondragon, their profit, employee take home, growth, etc…”

This response to that request will address two things. I will first provide the information requested, then I will address the case of Mondragon and how it does, and does not, relate to distributism.

Mondragon started as a technical college, founded by Father José María Arizmendiarrieta in 1943. Its first cooperative was established with 5 workers making paraffin heaters in 1955. Today, Mondragon is a cooperative federation comprised of over 250 companies and 74,000 workers operating in the finance, industrial, retail and knowledge sectors. Mondragon’s sales in 2014 were €10,985 million (US $12.48 billion). They put €145 million (US $164 million)  in research and invested €345 million (US $392 million). They have 15 technology centers, 1,676 researchers and have filed 479 patent families.

I don’t have specific information on employee take-home, but each company agrees to set its own wage ratio within an agreed upon range of 3:1 to 9:1. The average is 5:1, meaning that the highest paid person in a given company typically makes no more than five times what the lowest paid person in the same company does. The result of this is that the workers doing non-management jobs at Mondragon typically make 13% more than similar local jobs outside of its structure. Most workers make well above the minimum wage since they are employed in jobs requiring high levels of skill and technical training, Mondragon’s managers do earn less than those outside of its structure, but this is because they agree that Mondragon’s model is better than the typical corporate model.

Only 103 of Mondragon’s 260 companies are cooperatives. This in itself does not make it incompatible with distributism. I don’t have any details about the other 157 companies, like whether they are small, independently owned businesses. The ideal of distributism is that everyone own the capital used to earn his living, but we accept that this ideal may never be fully achieved. Some people may just prefer prefer to be employees, or may have to work as employees for some time before they can become owners. Distributism does not require that every shop be a worker owned cooperative, but those that are not would tend to be small local shops, and I don’t know the extent to which this is the case for those Mondragon companies that are not cooperatives.

The original cooperative established with five members back in 1955 grew to become Fagor Electrodomestics, the largest company in Mondragon’s federation. The Fagor brand is currently present in 100 countries, employs more than 12,000 people in 17 countries and operates 16 factories in 3 continents. Due to mismanagement, it had to declare bankruptcy in October 2013. The economic articles from capitalist pundits seemed to hardly contain their glee at what they perceived as the fall of the greatest example that methods other than their own could work. The Economist declared that “one of the group’s key principles—of solidarity among its 110 constituent co-ops—has found its limit.” Actually, what had reached its limit was the federation’s willingness to extend another loan to prop up Fagor when it had no plans which would resolve its problems.

Before crowing so loudly, capitalist economists should have waited to see the reality of this commitment and how it compares to what happens when the typical capitalist enterprise goes bankrupt. The reality of Mondragon’s commitment to worker solidarity is revealed by what the federation actually did regarding the workers of Fagor. Mondragon’s social mutual, Lagun Aro, proposed a 1.5% raise in contributions from all members at the next General Assembly so it could provide needed unemployment benefits to displaced Fagor worker-owners. They received 80 percent of their salary while Mondragon identified new positions for these workers. Compare this to the layoffs we’ve all seen reported when large capitalist employers go bankrupt or have to restructure to avoid bankruptcy.

This clearly shows the dynamic vibrancy and resilience of the cooperative model even when operating with large-scale, multi-national, highly technical industrial operations. This is why various cooperative organizations, the p2p economic movement and distributists all can validly point to Mondragon as an example of how well the cooperative model truly works.

When it comes to distributism, however, my opinion is that we need to be more carefully nuanced when using Mondragon as an example. It has grown to a size and scale of operation beyond that which distributists actually promote and which goes against the preference for local or even regional economics to the international model touted today. We are not in any way against international trade, but individual corporations employing thousands in multiple countries seems to me to go against our economic model, and Fagor is an example of why. The description of how Mondragon handled the bankruptcy of Fagor should not be taken as a claim that it wasn’t an issue for the federation. The mismanagement of Fagor not only impacted its thousands of employees, but the entire Mondragon organization. The fact that it was able to come up with a solution that maintained its commitment to worker solidarity does not mean that this was an easy solution or that it did not put significant strain on the people or the finances of Mondragon as a whole.

In the past, Fagor might have been held by some to be the shining example of Mondragon’s success because it was the largest company with the most employees, but that is looking at the organization from a strictly capitalist perspective. What happened in the wake of Fagor’s bankruptcy shows that the many smaller cooperatives and the overall commitment to worker solidarity are the mark of Mondragon’s success. They helped to support Fagor with the loans it received before the final straw that resulted in its bankruptcy. They supported the workers displaced when Fagor failed. Democratically based worker solidarity is at the very heart of the cooperative movement, and also at the very heart of the guild structure distributists promote.

It is clear that the cooperative model works and this is why distributists propose this model for large scale operations, particularly those which only make sense at a more regional rather than local level. Of course, cooperatives also work at a local level and we promote that as well. 

I hope this article fulfills the request of our reader.

You can learn more about this issue here.

Post Navigation