The Tragedy of Transgenderism, Part 4

America in the Twilight of Truth
“The Tragedy of Transgenderism, Part 4”

Virginia Armstrong, Ph.D., National Chairman, Eagle Forum’s Court Watch
President, Blackstone Institute
February 27, 2018

In America’s Culture War, the Humanist/transgenderism movement’s best friend and most reliable ally are the judges of the land, ultimately the U.S. Supreme Court.  These facts were openly acknowledged a number of years (1977) by Cornell Law Dean William Forrester in an article published in the American Bar Association Journal. Dean Forrester’s characterizations of the Court then, are far more far-reaching today, as evidenced by the transgerism movement:

Indeed, shortly after the publication of Forrester’s article, U.S. Senator Sam Ervin lamented that “the Constitution is dead, and . . . the people are being ruled by the transitory personal notions of Justices who occupy for a fleeting moment of history seats on the Supreme Court bench. . . .”

In the years since Dean Forrester’s stunning revelation, the powers he attributed to the U. S. Supreme Court have increasingly been arrogated to themselves by lower federal courts and state courts.  Now, therefore, Forrester’s description of the judicial hijacking of control over virtually all governmental policy in America has become true of courts in general, not  just the U. S. Supreme Court.  As early as 2005 (before the disastrous same sex marriage decision by the 2013 and 2015 U. S. Supreme Court) a Massachusetts state court ruled against parents objecting to classroom lessons equating heterosexual and homosexual relationships.  This pernicious spread of transgenderism’s tentacles in all directions in American law has continued at an accelerating pace.  In early 2017, as an Ohio court removed a teenage girl from her parents’ custody, transferring custody to her grandparents because the latter supported the teen’s desire to be “transgendered.”

Therefore, we are analyzing the tragedy of transgenderism by organizing its basic arguments into the six “core concepts” of the Humanistic worldview in which it is rooted.  The role of the courts in American law and culture is central to the core concept of “anthropology,” our third core concept. At the end of each anthropological standard described below, we shall identify in parentheses at least some of the worst victims of transgenderism’s assault on that standard.

CONCEPT 3:  ANTHROPOLOLGY.  Cultural anthropology concerns the existence, nature, and powers of various societal institutions, their relationships with one another, etc. The explosive new transgenderism movement is severely undermining all the anthropological standards of the Constitution, as we shall illustrate here.  We shall draw from Dean Forrester’s description of the Court phrases that demonstrate the attack on these principles.

1. Principle #1: Constitutional Supremacy: The Constitution is intended to be the “Supreme Law of the Land” (Article VI). But as Forrester correctly observes, “[the Court today] is a governing body . . . of the nation . . . and of our society . . . .” The Constitution is beneath the Court, and judicial supremacy has replaced Constitutional supremacy. (Transgenderism’s victim is the Rule of Law.)
2. Principle #2: Consent of the Governed:   America’s legal/political system was founded on the concept of “government of the people, by the people, and for the people.” But Forrester’s Court “. . . administers and executes the directions IT chooses,” not the directions the people choose. Thus, the Court pictured by Forrester has morphed America into a government “of the courts, by the courts, and for the courts” – judicial supremacy, not constitutional supremacy – a  “judiocracy.”  (Transgenderism’s victim is the Judeo-Christian value system which has dominated the thinking of the American people from our earliest days.)
3. Principle #2: Separation of Powers: The Framers intended that the three primary functions of government be exercised by three different branches of government. But of the current Court, Forrester declares, “its primary function is not judicial but legislative.” Furthermore, the Court “administers and executes the directions it chooses.” Thus, the Court engages in all three government functions – legislative, executive, and judicial. Separation of powers has been replaced by fusion of powers. (Transgenderism’s victims are the non-judicial branches of the national government.)
4. Principle #3: Checks and balances: Although separate, the three branches of government were intended to relate to one another in appropriate ways, including “checks and balances.” Each branch is given certain powers vis-à-vis the other two branches. Thus, the government can move in a single direction (the three branches not veering off in their own directions – too often, anyway), no one branch can exceed its authority and capability, and each branch has mechanisms to protect itself from the other two branches. Today, however, as Forrester states, “. . . the institution [i.e., the Court] can no longer be described with any accuracy as a court, in the customary sense.” Indeed, one wonders whether the judicial function “in the customary sense” is even being performed anywhere in the national government today. These facts, plus others already discussed picture a moribund, if not dead, system of checks and balances. (Transgenderism’s victim is principle of dispersion of governmental power.)
5. Principle #4: Federalism: The Framers established a political system with a “division” of powers – a vertical allocation of governmental powers between national and state governments. Limited government was again the purpose. But as Forrester points out, “[the Court] makes the basic policy decisions of the nation . . . .” This leaves the state governments with little or no effective policymaking power. A federal system of government is replaced with a unitary system (the form against which the colonists revolted in the American Revolution). (Transgenderism’s victims are the state and local governments of which the nation’s federal system composed.)
6. Principle #6: Institutional Pluralism: This phrase is rarely used, but it describes a concept which is fundamental to our Constitution and our culture. The phrase describes the society intended by the Framers – one in which there exists pluralism (multiplicity) of societal institutions (e.g., family, church, and civil law/government) and a multiplicity of viable institutions within the political system (reflected in separation of powers and federalism). Obviously, the Court has virtually expunged from within the legal/political system the multiplicity of agencies necessary for our Constitution and culture to survive and thrive. Likewise, the Court has marginalized societal institutions such as the family and church. Forrester correctly depicts this tragedy in noting that “[the Court] selects among the competing values of our society, and administers and executes the directions it chooses in political, social and ethical matters. It has become the major societal agency for reform.” BUT, the making of basic societal value choices, the selection of directions the culture must go in political, social and ethical matters, and the guiding impulse in societal reform SHOULD be institutions and forces outside of the political/legal system. The latter is simply to implement the former. To do otherwise is to endanger the Constitution and the culture. And such is the situation prevailing in America today. (Transgenderism’s victims are the family and church.)

The “death of the Constitution” – the disastrous results of this radical metamorphosis of the courts of the land by radical forces such as the transgenderism movement – demands that we Americans curb the courts, and the upcoming elections offer an unprecedented opportunity for us to do just that. The most educated and energetic action is required of us, the people; and becoming educated NOW is essential. We must remember the call to action issued by the Father of the Constitution, James Madison. In 1822, Madison declared that “[k]nowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”

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