On September 9th, 2024, a three judge panel of the Ninth Circuit Court of Appeals issued a ruling that the Arizona law protecting single sex sports fairness violated the 14th Amendment of the US Constitution. In short, their ruling requires Arizona to allow Biological Males to participate in Girls Only sports. This ridiculous ruling follows on the heels of a nearly identical ruling declaring that an Idaho law protecting single sex sports fairness also violated the 14th Amendment to the US Constitution. This crazy decision was just weeks after the US Supreme Court ruled 9 to zero that Title IX is about protecting the rights of girls – not protecting the rights of transgender students. This ruling also comes just a couple of months after biological males won the Girls Track Championships in both Washington and Oregon. In this article, we will expose and explain how to refute the Trangender Cult Lies these two decisions were based on.
We begin by explaining why Trangenderism is nothing more than a Cult. We define a cult as a group that uses magical thinking to create a myth that promotes a radical and even deadly lifestyle based on a series of lies. Believing that a person can magically change their gender just by changing their pronouns and then taking toxic drugs is an example of a dangerous cult because changing ones name and taking drugs does not change the biological fact that one is either a male or a female.
In our previous articles, we explained how the entire Transgender Industry has nothing to do with helping Gender Confused children – but instead is driven by the Transgender Drug Cartel which makes billions of dollars getting at-risk kids suffering from underlying mental health problems hooked on toxic transgender drugs. Here is a link to our most article that includes links to more than 100 scientific studies covering this issue: https://washingtonparentsnetwork.com/4-why-kids-should-be-given-counseling-instead-of-drugs
In that article, we explained that the Transgender Cult is based on “fake science” which uses unsupported statements by so-called “experts” and undefined terms such as “gender identity” and badly designed experiments such as self-report surveys known to suffer from confirmational bias and “rigged” experiments used by drug companies in order to sell drugs and make billions of dollars in profits. Fake science can be recognized by a combination of the following seven characteristics:
#1 The underlying motive is greed.
#2 Data is manipulated also known as Cherry Picking the Data.
#3 The time order of events is ignored
#4 No attempt is made to isolate variables.
#5 No attempt is made to determine long term outcomes.
#6 Claims are made about studies that are not supported by the actual data in the study.
#7 Debate is eliminated by asserting that the experts all agree and that the “science is settled.”
Real science does not support any of the claims made by Transgender Con Artists. Therefore, the first step in refuting Transgender Lies is closely examining the claims made by Transgender advocates to exposing the Fake Science Tricks being used to advance their transgender narrative.
We will use the 9/9/2024 Ninth Circuit Court of Appeals decision, called Doe v. Horne, to see how this is done. Here is a link to their 55 page ruling: https://cdn.ca9.uscourts.gov/datastore/opinions/2024/09/09/23-16026.pdf
Download the ruling and read it carefully. You will quickly see that the ruling is based on the “expert opinion” of Dr. Daniel Shumer who is mentioned for the first time on Page 12 and then cited repeatedly throughout the ruling. Page 12 includes several false claims made by Dr. Shumer that are not supported by any scientific studies. Even worse, most of the claims he makes on this page have been soundly refuted by numerous scientific studies. For example, Shumer claims that “there is a consensus among medical organizations that gender identity is innate and cannot be changed through psychological or medical treatments.”
As we noted in our previous articles, there is no biological basis for gender identity. Instead “gender identity” (which is more accurately called gender confusion when the so-called identity does not match a child’s actual sex) is a cultural construct (in other words a cult myth) that resolves itself and disappears by adulthood in at least 85% of cases if the child is not subjected to Transgender Indoctrination and Transgender Drug addiction. Here is the link to a review of ten of these studies: https://www.tandfonline.com/doi/full/10.3109/09540261.2015.1115754#abstract
While many medical organizations promote Transgenderism, the reason they support it is that they are often fully captured by the Drug Cartel which makes billions of dollars getting gender confused kids addicted to their toxic drugs. In fact, many medical doctors are little more than Drug Pushers for the Drug Cartel. For example, the Court of Appeals ruling noted that both of the two plaintiffs began taking a puberty blocker named Supprelin at age 11. While the retail price for Supprelin is over $50,000, some patients have been charged $100,000 for a 12 month inplant. The maker of this drug, Endo Pharmaceuticals, noted that the FDA has only approved this drug for a very rare condition called Central Precocious Puberty (CPP). It is not approved to give a Gender Confused child. In 2024, Endo Pharmaceuticals pled guilty to lying about a previous drug. The plea deal included a $1.086 billion criminal fine and a $450 million criminal forfeiture, according to the DOJ. https://www.fiercepharma.com/pharma/bankrupt-endo-agrees-2b-opioid-settlement-federal-government
Supprelin acts in a manner similar to another common puberty blocker called Lupron. You can read about the harm of Lupron in this article: https://washingtonparentsnetwork.com/4-why-kids-should-be-given-counseling-instead-of-drugs
In a court document, one gynecologist said a salesperson told him he “could earn $100,000 annually” by treating women with Lupron. The settlement resulted in a corporate guilty plea for conspiracy to violate prescribing laws and one of the largest fines at the time, $875 million. https://www.justice.gov/archive/opa/pr/2001/October/513civ.htm
Dr. Shumer owes his career to getting hundreds of gender confused kids addicted to toxic transgender drugs. To understand his greed-motivated background, download his First Doe v. Horne 27 page Declaration: https://storage.courtlistener.com/recap/gov.uscourts.azd.1331502/gov.uscourts.azd.1331502.5.0.pdf
While you are at it, download the second Shumer 23 page Declaration: https://storage.courtlistener.com/recap/gov.uscourts.azd.1331502/gov.uscourts.azd.1331502.65.2.pdf
And download the third 24 page Shumer Declaration: https://storage.courtlistener.com/recap/gov.uscourts.azd.1331502/gov.uscourts.azd.1331502.113.0.pdf
Next read the first Shumer Declaration. Note that he has been paid at an hourly rate of $300 per hour for actual time spent to “review of records and preparation of reports.” No total is given but in addition, he is paid a day rate of $1920 for deposition and trial testimony. This is only one of more than 10 cases Shumer is involved in – making it likely that he has been paid more than $100,000 for promoting the Transgender Cult.
Note that while Shumer makes dozens of claims, he only cites one scientific study in his first 27 page Declaration. Here is the study: Handelsman, et al., Circulating Testosterone as the Hormonal Basis of Sex Differences in Athletic Performance, (2018). Here is the link: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6391653/
Read this study and you will see that it falsely claims “Prior to puberty, there is no sex difference in circulating testosterone concentrations.”
This study then cited the following study to support this claim: Courant et al, 2010 Assessment of circulating sex steroid levels in prepubertal and pubertal boys and girls. Here is the link: https://pubmed.ncbi.nlm.nih.gov/19933393/
Read this study and you will see that it took samples from 81 healthy schoolchildren (42 boys and 39 girls) without any signs of puberty. Ages 8 to 10. Here is the actual conclusion of this study: “We found significantly higher levels of estrogens as well as androgen metabolites in prepubertal girls compared with age-matched boys.”
Here is a graph of their results:
In short, the actual study showed very large differences in sex hormones between boys and girls age 8 to 10. This is the exact oppose of what was claimed by Handelsman and then repeated by Shumer and then repeated by the Ninth Circuit judges. The lesson is that to refute Transgender Lies, you need to take the time to download and read the underlying research. Do not assume that Trangender advocates are reporting scientific studies accurately. In nearly every case that I have researched (which includes more than 100 studies), the actual data is the exact opposite of what it is claimed to be. It is obvious that the Ninth Circuit judges never bothered to read the underlying scientific data.
This 2010 study not only refutes the claim that there are no sex hormone differences between prepuberty boys and girls – it also refutes the claim that athletic advantages are determined solely based on testosterone levels. Note that girls have higher levels of three different types of testosterone before puberty. Yet at the same time, a recent study found that “Prior to puberty in elite youth track and field athletes, there is a consistent sex difference of about 5%, such that males run faster and jump higher and further than females.” See Atkinson et al., Sex Differences in Track and Field Elite Youth age 10 to 11, April 2024. Here is the link: https://sportrxiv.org/index.php/server/preprint/view/324/774
Here are the graphs:
Here is a quote: “The top 50 performances were recorded for 100m, 200m, 400m, and 800m track running, long jump, and high jump. RESULTS: Males ran faster than females at every age in the 100, 200, 400 and 800 m. When combining all running events, the sex difference (%) was 4% between 7-12 years. For long jump, the sex difference was 6.8% between 7-12 years.”
So if girls ages 8 to 10 have much more testosterone than boys, how is it that boys have a 5% advantage on all track and field events?
The reason according to Dr. Shumer is that boys get more encouragement than girls and have more sports opportunities than girls. Here is a quote from his third declaration: “Given the far greater social encouragement and skills training provided to boys than to girls, it is not surprising that boys have the highest-ranking performances in USA Track & Field. Girls have far fewer opportunities to play sports and therefore far less coaching and skill training than boys in every age group. For example, during the 2018–2019 year, fifty-seven percent of high school athletics participation opportunities went to boys, with only forty-three percent going to girls, translating into over one million more opportunities for boys than girls.”
Do a search of this term: “Sports participation rates of boys and girls.”
Here is a link to the first result:
https://projectplay.org/state-of-play-2023/participation
Here is a graph from the first result:
It does appear from the graph above that boys have more opportunities than girls. However, here is a quote from the first result:
“Between 2019 and 2022, girls participation for ages 13-17 increased three percentage points while boys dropped one point. Boys still comprise 1.2 million more high school sports roster spots than girls, according to the National Federation of State High School Associations, primarily due to large football rosters. “
Approximately one million boys under age 12 play football versus almost no girls. Once football is removed, the differences in participation rates is greatly reduced – to about 36% for boys versus 35% for girls. Since Track and Field participation is about equal, the only reason there are differences is that boys have a competitive advantage over girls – an advantage that has nothing to do with Testosterone!
In short, Dr. Shumer is just making stuff up to keep his financial gravy train going. Sadly, the Ninth Circuit judges did not bother to check the facts. Instead, they just keep repeating Dr. Shumers false claims.
As one more example of the extent Dr. Shumer goes to in order to decieve the court, at the end of his second declaration, he falsely states: “Finland, Sweden, and the UK are all moving to providing care through regional multidisciplinary clinics, the type of care commonly provided in the US.”
While getting rid of their national gender centers is a part of what is changing, the real truth is that every one of these nations (and several other nations) have stated that the Transgender Drug Cult dogma supported by Dr. Shumer is not supported by scientific evidence and instead has been shown to be extremely harmful to children. For example, in the U.K., they now prohibit Gender Transition curriculum from even being taught in their public schools. In short, nations all across the world are doing the exact opposite of what Dr. Shumer advocates. Yet, he has the audacity to claim that there are following the same Transgender drug dogma he and his Drug Industry Overlords advocate in the US.
Rather than ignoring the fact that prepuberty boys have an athletic advantage over girls, we should do a better job of explaining to the court why prepuberty boys have an athletic advantage over girls. In his third Declaration, Dr. Shumer falsely claims: “There is no scientific basis for Dr. Hilton’s speculation that boys gain an athletic advantage over girls based on sex-specific genetic architecture that results in approximately 6,500 differences in gene expression.”
Here is the study Dr. Shumer is discounting:
Genetic Differences between Human Males and Females
In terms of differences between human males versus females, Genetics confirms that there are more than 6,500 significant genetic differences between human males and females. Nearly all of these 6,500 variations are at the cellular level – meaning they affect every cell in the body including every neuron in a person’s brain. A 2017 study identified and analyzed differences between genetic markers linked to the human X or Y chromosomes. Here is a link to this study: https://bmcbiol.biomedcentral.com/articles/10.1186/s12915-017-0352-z
Over 30 different areas of the body are affected:
Varying one or two hormones after a child is ten years old still leaves a biological male with 6,498 measureable differences compared to a biological female. For example, the mitochondria in male cells have a higher metabolic rate than the mitochondria in female cells. This difference appears within two days of conception. Because mitochondria are the “energy factories” of our cells, this alone can account for male advantages in sports. But there are many other genetic differences that can account for male advantages.
Serotonin differences in the brain are only one of these 6500 genetic differences. Serotonin production is regulated by a group of genetic markers that act (are expressed) much differently in males and females.
The serotonin levels in male brains is about 52% greater than in female brains. Here is a link to this study:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC24674/
This is likely one of the reasons why girls are more sensitive to stress and why girls are more likely to suffer from Depression than boys. Here are brain scans of 8 male and 7 female subjects:
For nonautistic children, serotonin synthesis capacity was more than 200% of adult values until the age of 5 years and then declined toward adult values. Serotonin synthesis capacity values declined at an earlier age in girls than in boys. Serotonin content, serotonin uptake sites, and serotonin receptor binding are all higher in the developing brain, compared with adult values, and start declining before puberty.
https://pubmed.ncbi.nlm.nih.gov/10072042/
A study, published in JAMA Network Open Pediatrics, examined nearly 9000 children between nine and eleven years of age, using Functional MRI neuroimaging tools between August 2017 and November 2018. What the researchers found were huge differences in brain functioning. Here is the link: https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2801653
Below is the graph:
In another recent study of brain differences using three independent cohorts (N ~ 1,500 young adults aged 20 to 35), the researchers also found huge differences in brain functioning. Here is the link: https://www.pnas.org/doi/10.1073/pnas.2310012121
Here is the graph:
Here is a quote: “These findings strongly suggest that what’s going on in a woman’s brain at rest is significantly different from what’s going on in a man’s brain at rest. These findings strongly suggest that the determinants of cognitive functions in male brains are profoundly different from the determinants of cognitive functions in female brains.”
Here is a 2022 study of huge sex differences in heart mitochondria:
Here is the link: https://www.nature.com/articles/s41467-022-31544-5
Here is the quote: “We observed that expression of genes encoding mitochondrial proteins are higher in males than females in human cohorts.”
No reasonable scientist would claim that there is not a relationship between heart mitochondrial functioning and athletic performance.
Here is a study of human energy production (a proxy for mitochondrial production) throughout our lifetime: https://www.science.org/doi/10.1126/science.abe5017
Here is the graph:
Note that males have higher total energy production as early as age 5.
In short, the claim by Dr. Shumer that none of the 6500 known genetic differences between human boys and girls can be linked to athletic performance advantages is absurd.
Conclusion… We need to read scientific studies and do a better job of presenting these studies to federal judges
Trangender advocates falsely claim that there is no evidence of Trans boys taking state titles away from biological girls. In fact, five biological males who identify as female won girls’ state track titles at outdoor-season spring meets in Connecticut, New Hampshire, Maine, Oregon and Washington. In addition, 28 national girls or women’s sports titles were won by trans-identified men between 2003 and 2022, with “the trend accelerating over the past three years.” Each male victory has a multiplier effect, displacing many girls or women from opportunities designed for them. Allowing 2 boys to compete against girls denied girls awards 235 times. Over 1,000 awards have been taken from girls with more awards being robbed ever week. https://www.shewon.org/
Sadly, there is a problem with attorneys, judges and so-called medical experts. None of them appear to be interested in reading actual scientific studies. It will be up to all of us who are concerned about protecting sports fairness for girls to do a better job of first getting better informed about the differences between real scientific studies versus fake science and second doing a better job of presenting these scientific studies to federal judges.
This is educational effort is a major reason I am writing this series of articles on the Transgender Cult on our website, Washington Parents Network.com. As always, I look forward to your questions and comments.
Regards,
David Spring M. Ed.
David (at) Washington Parents Network.com