What’s happened to the American Civil Liberties Union (ACLU) is a crying shame. And I say this even though I volunteered for them, have been a member on and off, and was the recipient of their largesse when, for no fee, they represented me and four other defendants in a class-action suit about illegal drafting in New York. I went to the ACLU, and their lawyers took the case, arguing successfully in Federal court that we were drafted illegally as conscientious objectors. This freed a couple of thousand men from forced civilian service. I’ve always been deeply grateful for the ACLU’s help.
Although the ACLU is still doing a lot of good legal work defending genuine civil liberties, they’re also getting woke in a way that, to me, deeply compromises their integrity. I’ve done a fair number of posts calling out their dubious stands over the last few years; these include posts bearing these titles (click to see them):
What’s especially worrying is the ACLU’s backing off on free speech (the subject of today’s short post); its pushback against one good thing that the Trump administration did: making the Title IX proceedings adjudicating sexual misconduct fairer; and the organization’s big push to defend the “right” of medically untreated biological males to participate in women’s sports. Now of course the ACLU should be defending transgender rights, for every person, regardless of gender status, should enjoy equal rights under the law, and discrimination on the basis of gender is largely illegal. And they’ve done a good job of that (see below).
But the ACLU has also gone a bit off the rails on the transgender issue, arguing that even biological men who haven’t undergone hormone therapy should be allowed to compete in sports against biological women. As I reported a while back, the ACLU defended two Connecticut people who were born male, identify as female, and, without any hormone therapy or surgery, decided to compete against biological women in track and field. In fact they did compete, and did very well, for Connecticut law mandates that self-identification as a woman is all you need to compete in women’s sports. The ACLU buys into the argument that you’re a woman simply if you claim to be a woman.
But the organization shouldn’t be defending something so manifestly unfair. They’re also making a big push to defend transgender athletes without reservation, despite the notoriously slippery issues involved in defining “men” and “women” for transgender athletes. The standards for competing, as in the Olympics, are subject to much dispute. The ACLU’s view is apparently that a claim itself is all that’s needed to deem you a man or a woman.
And now, to my great sorrow, an ACLU staff lawyer and champion of transgender rights, Chase Strangio, has come out full bore in favor of censorship. I’m referring to his demanding, as shown in the tweets below, censorship of a book we discussed yesterday: Abigail Shrier’s treatise on gender dysphoria in adolescent and teenage girls, Irreversible Damage.
Although Strangio’s tweets are “protected”, I assume that the two below, reproduced by “Wokal Distance”, are accurate. In the second, he blatantly advocates censorship of Irreversible Damage, “stopping the circulation of the book and these ideas.” How else can that be interpreted as censorship? And “stopping ideas” should not be the business of the ACLU, which has always defended the First Amendment. They should be defending the right of Shrier to publish her book and circulate her ideas, not fight against them. This shows how low the ACLU, at least in the person of Strangio, has fallen. An organization dedicated to defending civil liberties is calling for their suspension when they offend people.
Here is an ACLU lawyer saying their goal is to stop the circulation of books and ideas…
In case you were wondering how free speech is doing. pic.twitter.com/jIGhCSEAbZ
— Wokal DistΔnce (@wokal_distance) November 13, 2020
Now Strangio has done great stuff in areas that do comport with the ACLU’s mission. Wikipedia describes two cases:
In October 2019, Strangio was one of the lawyers representing Aimee Stephens, a trans woman who was fired from her job at a funeral home, in the U.S. Supreme Court case R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission.
Strangio and his team won that case, with the conservative Supreme Court ruling 6-3 that Title VII of the Civil Rights Act of 1964 protected transgender people from employment discrimination. (The plaintiff was a transgender woman fired from a funeral home.)
Strangio was also on the team that won a similar landmark case.
In June 2020, the U.S. Supreme Court decided 6–3 in favor of Gerald Bostock, a gay man terminated from his job due to discrimination on the basis of sexual orientation, in Bostock v. Clayton County. Strangio was one of the lawyers on the case. The case ruled that it is illegal to discriminate in employment on the basis of transgender identity or sexual orientation.
But Stangio’s tweet above isn’t even a case of his deciding between two conflicting rights. There is a right to promulgate your ideas; there is no “right” for the transgender community to be protected from criticism about gender dysphoria and medical intervention in adolescent girls.
Strangio is favoring censorship, pure and simple, and a watering down of First Amendment rights: “stopping circulation of this book.” Is Shrier’s argument so injurious to transgender people, and to society in general, that it cannot be read or heard? I don’t think so.
Remember that the ACLU defended the rights of the American Nazi Party to march through Skokie, Illinois: a Jewish community. Surely that’s more hurtful than Shrier’s book, for the Nazis call for the deportation and death of Jews, while Shrier is merely telling society to examine the cause of an epidemic of gender dyphoria in young girls. The “unwavering commitment to principle” that the ACLU itself touts in the Skokie case is apparently not shared by Strangio.
Like the Southern Poverty Law Center, the ACLU is damaging its mission by buying into wokeness, and nobody is reining in either of these once-great organizations. It’s a huge shame.