The 3 - July 16, 2023

This week's edition of The 3, highlighting three recent stories impacting the Christian community, includes a reprieve for a new Tennessee law that was passed in order to protect children from dangerous sex-change treatments and surgeries.  Also, a federal judge has taking aim at Big Tech and government actors working together to censor social media content.  And, a biological male who wants to use the girl's bathroom at a Wisconsin school will temporarily be allowed to do so, but the school district's superintendent intends to challenge a recent court decision favoring the student. 

Appeals court overturns lower court decision to block new TN law protecting children

Across the country, not only are concerned citizens, including Christians, responding to treatments and procedures that are designed to help a child who is confused about his or her sexuality "change" his sex, by speaking out against these actions, but lawmakers have taken concrete steps to ban them.

Tennessee is one of those states, with its Legislature passing and governor signing legislation that would prevent children from undergoing these permanent, damaging sex-change steps from taking place.  A federal lower court judge temporarily halted the legislation from becoming effective on July 1, but it was restored in a federal appeals court while the court case proceeds.

TheHill.com reported that: "The state’s ban was set to go into effect on July 1, but a federal judge halted its implementation,siding with the American Civil Liberties Union, who said the law interferes with parental rights to choose necessary medical care for their children."  The article went on to say:

Two of the three judges on the appeals panel ruled to reinstate the law, saying that decisions over transgender care are better left up to state legislatures rather than judges.

It quoted from Chief Judge Jeffrey Sutton, who wrote, "Given the high stakes of these nascent policy deliberations — the long-term health of children facing gender dysphoria — sound government usually benefits from more rather than less debate..."

1819 News quoted from a statement by Alabama Attorney General Steve Marshall, who said: "The Sixth Circuit Court of Appeals issued a critical ruling in favor of Tennessee's right to enforce commonsense laws against giving kids experimental and life-altering sex changing drugs," adding, "Proud to have led a 17-state brief in support of Tennessee's law, highlighting the critical difference between evidence-based science and the extreme gender ideology that is pushing these drugs and causing irreparable harm to our youth."

That article also gave a progress report on the court case involving Alabama's VCAP bill, implementing a ban on gender treatments and surgeries, which was partially put on hold by a federal district judge.  The article stated: 

A three-judge 11th Circuit Court of Appeals panel heard oral arguments for VCAP in November 2022. The 11th Circuit is currently considering Alabama's appeal of the district court's preliminary injunction order. The trial is set to begin in April 2024.

Judge rules against policy linking government officials to Big Tech

For years, Christian individuals and organizations have sounded the alarm about censorship on social media platforms.  It is certainly a concern in the Christian community, and a ruling on the Fourth of July actually shows that Big Tech censors were working hand-in-hand with the federal government.

Liberty Counsel stated on its website:

A federal judge issued a historic, 155-page ruling on Independence Day citing “substantial evidence” the federal government engaged in large-scale censorship efforts targeting social media content that questioned or countered its “official” narratives. The 86-pages of background facts detail a shocking pattern of consistent pressure and threats exerted by the Biden administration demanding that social media platforms censor protected speech.

The article says: "In response to the evidence, Chief U.S. District Judge Terry Doughty for the Western District of Louisiana concluded, 'the alleged suppression has potentially resulted in millions of free speech violations.'”  It goes on to say:

Judge Doughty said the evidence presented in the case paints the federal government as an “Orwellian ‘Ministry of Truth.’”

Judge Doughty wrote, “…the present case arguably involves the most massive attack against free speech in United States’ history. In their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment’s right to free speech.”

It is not far-fetched to think that declarations that are consistent with Biblical truth could run afoul of official government narratives.  There are people in high positions who are determined to silence those with whom they disagree.  This lawsuit, championed by attorneys general from Louisiana and Missouri, indicates the length to which public officials will go to silence opposing viewpoints.  

The Founder and Chairman of Liberty Counsel, Mat Staver, stated: “Reading the factual findings of the disturbing pattern of censorship one would assume this is China or a dystopian novel. Sadly, this government-coordinated censorship occurred in America at the highest levels of government. The Biden administration and government agencies intentionally and knowingly deceived the public. Everyone involved must be held accountable.”

Court allows biological male to use female bathroom in WI

A school district in the Milwaukee area had implemented a policy that would require students to use the restroom corresponding to his or her biological sex.  A court has now put that policy on hold, according to WISN Television, which stated:

A federal judge says the Mukwonago School District can't enforce its ban on transgender students using restrooms that they prefer.

The ruling comes after a mother and her 11-year-old trans daughter filed a civil rights complaint against the Mukwonago Area School District.

Now, keep in mind that the phrase "trans daughter" or "trans female" actually means "biological male."

The report goes on to state:

According to the complaint, from third grade through fifth grade, her daughter was allowed to use the bathroom she preferred.

But that changed this past June during summer school when the district said she had to now use a boy's bathroom or a gender-neutral bathroom at the school.

Again, this is the mother's 11-year-old son, who, according to the district's new policy was required to use the boy's bathroom or a gender-neutral bathroom.  The judge issued a "temporary restraining order," preventing the ban from being implemented while the case proceeds.

This case brings to mind the situation involving a female student identifying as male, Gavin Grimm, who was not allowed to use the boy's bathroom at a Virginia school. That case went all the way to the U.S. Supreme Court in 2021, but the high court decided not to hear the case.  So, perhaps this school district, since the high court has not ruled, decided it would test the waters on these unresolved privacy concerns. 

The WISN article said that, "Superintendent Dr. Joseph Koch indicated they'll continue the court fight," quoting him as saying, "The District will continue to defend Policy 5514 in the interest of protecting the safety, privacy, and wellness of all students."