The Supreme Court Gender Case

A lesson in strategy

As the U.S. Supreme Court prepares a verdict on banning gender-affirming care hormone-disrupting treatment for transgender gender dysphoric minors, it’s time we do what they can’t.

In the December 4th deliberations, Tennessee Solicitor General Matthew Rice argued, “These interventions carry often irreversible and life-altering consequences. And the systematic reviews conducted by European health authorities have found no established benefits.”

Justice Kavanaugh continued that line of reasoning to question whether the court should intervene:

If it's evolving like that and changing and England's pulling back and Sweden's pulling back, it strikes me as, you know, a pretty heavy yellow light, if not red light, for this Court to come in, the nine of us, and to constitutionalize the whole area when the rest of the world or at least the people who -- the countries that have been at the forefront of this are, you know, pumping the brakes on this kind of treatment because of concerns about the risks.

Chief Justice Roberts also wondered whether the court should weigh in on the matter, saying “it's more in the area of evolving standards and technical treatment issues and the effect of… prescribing particular medications.”

Justice Alito later pressed the issue of whether “transgender status” is immutable, securing the point that those affected often fluctuate in both directions. (Full transcript here).

That’s all well and good, but…

I get that the nature of the Court is such that deliberation must be conducted and all arguments must be placed on the table for examination in a level-headed, easy-listening manner. Insisting it is not theirs on which to rule might be wise for setting precedent.

But, outside those four walls we don’t have to operate with those considerations. Nor should we, at least on this matter.

In our discussions of gender issues, it’s time we assume the center.

To borrow Joe Rigney’s definition (provided here), “To assume the center is to speak and act as though what you are saying and doing is true, good, and normal.”

We don’t need to hold the professional detachment the court does and talk about how European studies may indicate that these treatments don’t improve mental health outcomes or any of that rhetoric.

Instead, we shout from the rooftops, “ARE YOU INSANE? Men can’t become women and women can’t become men. Kids don’t get to pick their gender, and doctors who think they can should not be allowed to practice medicine.”

There is a time for reasoned debate, but the unreasonable is not worthy of reasoned debate. It is worthy of scorn and a firm “No, this is not up for discussion.”

This is not out of a desire to dunk on our enemies, but because we respect the truth enough to not lower it to absurd debates. It’s also because we love people enough to tell them when they’ve become captive to insane philosophies.

Jesus was a master at this tactic.

In Mark 1:22, the crowds were amazed that Jesus taught with authority. He wasn’t arguing for a point of view or merely offering His interpretation for people to think about. He assumed the center and told them how it was.

You and I are not Jesus and we do not have His authority in ourselves. There is a time and place for us to acknowledge when we’re offering the best interpretation we can make of a matter. But when we have Scripture and obvious truths of natural revelation on our side, we can speak with the authority He breathed into those truths.

So, practically:

• Don’t forfeit the war for the dictionary (as I wrote on here). It’s not transgenderism, it’s gender dysphoria. No man is “she” or “her,” and vice versa. There are no “trans men” or “trans women.” Just men pretending to be women and vice versa. It’s not “gender affirming care,” it’s genital mutilation and/or hormone suppression.

• Sidestep debate. They will claim that banning transition procedures creates the risk of suicides. While it matters that transition treatments don’t improve mental health, that’s not the response. The response is that gender isn’t a choice, and thinking that it is is the true mental illness.

• Point out the insanity as the opportunity arises. Assuming the center tells other people they have no need to pretend not to see these blatantly obvious truths.

• Recognize that you have the truth and they do not. Do not pretend there is gray area here, and do not apologize for the church.

As for the church’s approach to those with gender dysphoria, it’s much the same as with other sins—we must view people as both victims and perpetrators.

They are victims because they were born into a fallen world that surrounds them with sinful incentives from the time they’re born, but they still have a choice, and they’re choosing to rebel against God. We’ve no need to try to work up a pie chart of truth and love. They need 100% of each.

Holding the center and refusing to give any legitimacy to their claims is the way to stand on truth—but it’s also the most loving thing we can do. This is not to make fun of them or withdraw in revulsion. It’s just to say, “No, you aren’t, because the God who loves you said so.”

Of course, the tide hasn’t turned in every place. If you’re in a work environment in which all of this remains an HR mine field, be wise as a serpent and innocent as a dove. If you’re forced to choose between telling a lie or facing consequences, never lie. But, if you can tiptoe around regulations without affirming anyone’s delusion, go for it.

Know where you stand

The tricky thing about assuming the center is that you have to know when you can play the card. Having the truth on your side is not enough, because sometimes there is enough debate and reasonable disagreement to be found that more convincing and coaxing needs to be done.

But other times the center is there for the taking. Not only is the logic overwhelmingly on our side, the cultural momentum is, too. Gender insanity, especially when projected onto kids, is not popular. Men beating women up or demolishing them in other athletic competitions isn’t, either.

And when the center can be assumed in a way that shows outsiders we have the truth and it’s okay to believe it, it would be a missed opportunity if we didn’t.

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