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Reisman Amicus Appeal: 15-2056 Doc: 55-1 Filed: 11/30/2015 Pg: 1 of 42 Total Pages:(1 of 45) No. 15-2056 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT __________________________________________________________________ G.G., by his next friend and mother, DEIRDRE GRIMM, Plaintiff-Appellant, v. GLOUCESTER COUNTY SCHOOL BOARD, Defendant-Appellee. __________________________________________________________________ On Appeal from the United States District Court for the Eastern District of Virginia Newport News Division BRIEF OF AMICI CURIAE LIBERTY CENTER FOR CHILD PROTECTION AND JUDITH REISMAN, PH.D., IN SUPPORT OF DEFENDANT-APPELLEE, SEEKING AFFIRMANCE MARY E. McALISTER MATHEW D. STAVER Liberty Counsel ANITA L. STAVER P.O. Box 11108 HORATIO G. MIHET Lynchburg, VA 24506 Liberty Counsel (434) 592-7000 Telephone P.O. Box 540774 email [email protected] Orlando, FL 32854 (800) 671-1776 Telephone email [email protected] Attorneys for Amici Curiae Liberty Center for Child Protection and Judith Reisman, Ph.D. Appeal: 15-2056 Doc: 55-1 Filed: 11/30/2015 Pg: 2 of 42 Total Pages:(2 of 45) STATEMENT REGARDING CONSENT TO FILE, AUTHORSHIP, AND MONETARY CONTRIBUTIONS Appellant’s counsel has consented to the filing of this brief. Appellee’s counsel has stated that it does not consent, but does not oppose Amici Curiae’s motion for leave to file an amicus brief. Pursuant to Rule 29(c) of the Federal Rules of Appellate Procedure, Amici Curiae state that no counsel for a party authored this brief in whole or in part, and no counsel or party made a monetary contribution intended to fund the preparation or submission of this brief. No person other than Amici Curiae or their counsel made a monetary contribution to its preparation or submission. i Appeal: 15-2056 Doc: 55-1 Filed: 11/30/2015 Pg: 3 of 42 Total Pages:(3 of 45) UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER INTERESTS Disclosures must be filed on behalf of all parties to a civil, agency, bankruptcy or mandamus case, except that a disclosure statement is not required from the United States, from an indigent party, or from a state or local government in a pro se case. In mandamus cases arising from a civil or bankruptcy action, all parties to the action in the district court are considered parties to the mandamus case. Corporate defendants in a criminal or post-conviction case and corporate amici curiae are required to file disclosure statements. If counsel is not a registered ECF filer and does not intend to file documents other than the required disclosure statement, counsel may file the disclosure statement in paper rather than electronic form. Counsel has a continuing duty to update this information. No. 15-2056 Caption: G.G. v. Gloucester County School Board Pursuant to FRAP 26.1 and Local Rule 26.1, Liberty Center for Child Protection and Judith Reisman, Ph.D. (name of party/amicus) who is Amici Curiae (appellant/appellee/petitioner/respondent/amicus/intervenor) make the following disclosure: 1. Is party/amicus a publicly held corporation or other publicly held entity? NO 2. Does party/amicus have any parent corporations? NO If yes, identify all parent corporations, including all generations of parent corporations: 3. Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or other publicly held entity? NO If yes, identify all such owners: ii Appeal: 15-2056 Doc: 55-1 Filed: 11/30/2015 Pg: 4 of 42 Total Pages:(4 of 45) 4. Is there any other publicly held corporation or other publicly held entity that has a direct financial interest in the outcome of the litigation (Local Rule 26.1(b))? NO If yes, identify entity and nature of interest: 5. Is party a trade association? (amici curiae do not complete this question) If yes, identify any publicly held member whose stock or equity value could be affected substantially by the outcome of the proceeding or whose claims the trade association is pursuing in a representative capacity, or state that there is no such member: 6. Does this case arise out of a bankruptcy proceeding? NO If yes, identify any trustee and the members of any creditors’ committee: Signature: /s/ Mary E. McAlister Date: November 30, 2015 Counsel for: Amici Curiae CERTIFICATE OF SERVICE I certify that on November 30, 2015 the foregoing document was served on all parties or their counsel of record through the CM/ECF system if they are registered users or, if they are not, by serving a true and correct copy at the addresses listed below: /s/ Mary E. McAlister (signature) November 30, 2015(date) iii Appeal: 15-2056 Doc: 55-1 Filed: 11/30/2015 Pg: 5 of 42 Total Pages:(5 of 45) TABLE OF CONTENTS STATEMENT REGARDING CONSENT TO FILE, AUTHORSHIP, AND MONETARY CONTRIBUTIONS ......................................................................... i CORPORATE DISCLOSURE STATEMENT .................................................... ii TABLE OF CONTENTS ...................................................................................... iv TABLE OF AUTHORITIES .................................................................................. v INTEREST OF AMICI ........................................................................................... 1 ARGUMENT ............................................................................................................ 1 I. THE SCHOOL BOARD’S POLICY RESTRICTING ACCESS TO SEX-SEPARATE BATHROOMS BASED UPON BIOLOGICAL SEX COMPLIES WITH THE LETTER AND SPIRIT OF TITLE IX. ................. 1 II. THE SCHOOL BOARD IS ACTING IN THE BEST INTEREST OF ALL DISTRICT STUDENTS BY MAINTAINING SEX-SEPARATE FACILITIES BASED UPON BIOLOGICAL SEX. ......................................... 6 A. Adopting “Gender Identity” Instead Of Biological Sex For School Facilities Means Abandoning Scientific Reality In Favor Of An Artificial Social Construct Built Upon Child Sexual Abuse And Fraud. ..................... 7 B. School Environments Will Be Demonstrably More Hostile If Biological Sex Is Replaced With “Gender Identity.” .....................................................22 C. Replacing Biological Sex With “Gender Identity” Will Threaten Children’s Physical And Mental Health. ......................................................25 CONCLUSION .......................................................................................................30 CERTIFICATE OF COMPLIANCE WITH ......................................................32 FEDERAL RULE OF APPELLATE PROCEDURE 32(a)(7)(C) ....................32 CERTIFICATE OF SERVICE ............................................................................33 iv Appeal: 15-2056 Doc: 55-1 Filed: 11/30/2015 Pg: 6 of 42 Total Pages:(6 of 45) TABLE OF AUTHORITIES Cases Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675 (1986) ......................................... 6 G.G. v. Gloucester County School Bd, 2015 WL 5560190 (E.D. Va. 2015) ... 2, 3, 5 Hare v. State, Dep’t of Human Servs., 666 N.W.2d 427 (Minn. Ct. App. 2003) ...10 Johnston v. University of Pittsburgh, 97 F.Supp.3d 657 (W.D. Penn. 2015) .......2, 3 Other Authorities Alfred Kinsey, et. al., SEXUAL BEHAVIOR IN THE HUMAN FEMALE (1953) ............... 8 Alfred Kinsey, et. al., SEXUAL BEHAVIOR IN THE HUMAN MALE (1948) ...............8, 9 Alice Sterling Honig, Psychosexual Development in Infants and Young Children: Implications for Caregivers, 55 YOUNG CHILDREN 70 (2000) ....................... 25-26 Ashley Collman, From coaches sleeping with athletes to substitutes sexting with 15-year-olds: Alabama tops list of states with highest rate of teachers busted for sex with students ...an average of two a MONTH, UK DAILY MAIL, January 15, 2015 ................................................................................................................23 Cecilia Dhejne, et. al. Long-Term Follow-Up of Transsexual Persons Undergoing Sex Reassignment Surgery: Cohort Study in Sweden, 6 PLoS ONE ...................20 Dr. Veritas, “P” for Pedophile, June 15, 2015, ......................................................... 7 Harry Benjamin, M.D., 7 Kinds of Sex. 27 SEXOLOGY: SEX SCIENCE ILLUSTRATED 436 (Feb. 1961) .............................................................................................. 11, 12 Heather J. Risser, et. al., PTSD as a Mediator of Sexual Revictimization: The Role of Reexperiencing, Avoidance, and Arousal Symptoms, 19 JOURNAL OF TRAUMATIC STRESS, 687 (2006) ............................................................................. 7 v Appeal: 15-2056 Doc: 55-1 Filed: 11/30/2015 Pg: 7 of 42 Total Pages:(7 of 45) Henk Asscheman, et. al., A long-term follow-up study of mortality in transsexuals receiving treatment with cross-sex hormones, 164 EUROPEAN JOURNAL OF ENDOCRINOLOGY, 635 (2011 ................................................................................20 Jay N Giedd, et. al., The Teen Brain: Insights from Neuroimaging, 42 JOURNAL OF ADOLESCENT HEALTH 335–43 (2008) ..................................................................25 Jay N. Giedd et al., Brain Development during Childhood and Adolescence: A Longitudinal MRI Study, 2 NATURE NEUROSCIENCE, 861–63 (October 1999) ....27 Jeffrey Satinover, M.D., HOMOSEXUALITY AND THE POLITICS OF TRUTH, 113-17 (1996) ....................................................................................................................16 Jennifer Levitz, Rape Trial Casts Spotlight on New Hampshire Prep School, Case looks at alleged student ‘tradition’ at St. Paul’s School, WALL STREET JOURNAL, August 25, 2015 ....................................................................................................24
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