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Appeal: 15-2056 Doc: 131 Filed: 05/15/2017 Pg: 1 of 41 Appeal: 15-2056 Doc: 131 Filed: 05/15/2017 Pg: 1 of 41 No. 15-2056 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT G.G. by her 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 POST-REMAND BRIEF OF AMICI CURIAE DR. JUDITH REISMAN AND THE CHILD PROTECTION INSTITUTE IN SUPPORT OF APPELLEE Mathew D. Staver Mary E. McAlister Anita L. Staver LIBERTY COUNSEL Horatio G. Mihet P.O. Box 11108 LIBERTY COUNSEL Lynchburg, VA 24506 P.O. Box 540774 (407) 875-1776 Orlando, FL 327854 [email protected] (407) 875-1776 [email protected] Attorney for Amici Curiae Attorneys for Amici Curiae The Child Protection Institute The Child Protection Institute and Judith Reisman, Ph.D. and Judith Reisman, Ph.D. Appeal: 15-2056 Doc: 131 Filed: 05/15/2017 Pg: 2 of 41 STATEMENT REGARDING CONSENT TO FILE, AUTHORSHIP, AND MONETARY CONTRIBUTIONS Counsel for both parties have consented to the filing of this 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: 131 Filed: 05/15/2017 Pg: 3 of 41 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, The Child Protection Institute 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: 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 ii Appeal: 15-2056 Doc: 131 Filed: 05/15/2017 Pg: 4 of 41 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: May 15, 2017 Counsel for: Amici Curiae CERTIFICATE OF SERVICE I certify that on May 15, 2017 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) May 15, 2017(date) iii Appeal: 15-2056 Doc: 131 Filed: 05/15/2017 Pg: 5 of 41 TABLE OF CONTENTS TABLE OF AUTHORITIES ........................................................................... vi INTEREST OF AMICI .................................................................................... 1 INTRODUCTION ............................................................................................ 1 LEGAL ARGUMENT ...................................................................................... 3 I. THERE IS NO SCIENTIFIC EVIDENCE FOR THE CONCEPT OF A DIFFERENTIAL “GENDER IDENTITY.” .............. 3 II. THIS COURT SHOULD NOT REPLACE SCIENTIFIC REALITY WITH AN ARTIFICIAL SOCIAL CONSTRUCT BUILT UPON CHILD SEXUAL ABUSE, FRAUD AND HUMAN EXPERIMENTATION. .......................................................... 9 A. Alfred Kinsey Disguised Child Sexual Abuse As Scientific Data On “Pre-Adolescent Orgasm” And Launched The Idea Of Fluid Sexuality. ......................................................................... 10 B. Dr. Harry Benjamin Used Kinsey’s Concepts To Posit The Existence of Seven Sexes. .............................................................. 12 C. Dr. John Money Used Kinsey’s Model Of Human Experimentation To Develop His Concept Of Transgenderism. ............................................................................. 15 D. Socio-Political Change Agents Have Hijacked Language To Further Their Agenda Of Deconstructing Binary Sex. .................. 18 III. REDEFINING “SEX” TO INCLUDE “GENDER IDENTITY” IS INIMICAL TO CHILDREN’S HEALTH AND WELFARE. ................. 20 A. Adding “Gender Identity” As Part of “Sex Discrimination” Would Mean Sanctioning The Administration Of Irreversible, Harmful, Life-Changing Procedures to Children Without Informed Consent. ............................................................ 21 B. Adding “Gender Identity” As Part of “Sex Discrimination” Would Endanger Children’s Mental And Emotional Health And Create Unsafe School Environments. .................................... 24 CONCLUSION ............................................................................................... 28 iv Appeal: 15-2056 Doc: 131 Filed: 05/15/2017 Pg: 6 of 41 CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF APPELLATE PROCEDURE 32(a)(7)(C) ................. 30 CERTIFICATE OF SERVICE ....................................................................... 31 v Appeal: 15-2056 Doc: 131 Filed: 05/15/2017 Pg: 7 of 41 TABLE OF AUTHORITIES Cases Hein v. Freedom From Religion Found., Inc., 551 U.S. 587 (2007) ......................20 Kosilek v. Maloney, 221 F. Supp. 2d 156 (D. Mass. 2002) .....................................14 Obergefell v. Hodges, 135 S. Ct. 2584 (2015) .........................................................20 Other Authorities Alfred Kinsey, et. al., SEXUAL BEHAVIOR IN THE HUMAN FEMALE (1953) .............10 Alfred Kinsey, et. al., SEXUAL BEHAVIOR IN THE HUMAN MALE (1948) ........ passim Alice Sterling Honig, Psychosexual Development in Infants and Young Children: Implications for Caregivers, 55 YOUNG CHILDREN 70 (2000) ...................................................................................................... 24, 25 An Interview with John Money, PAIDIKA: THE JOURNAL OF PAEDOPHILIA 12 (Spring 1991) .................................................................................................15 Andrew R. Flores et al., Williams Institute, UCLA School of Law, How Many Adults Identify as Transgender in the United States?” (June 30, 2016) ................................................................................................2 Arno Karlen, SEXUALITY AND HOMOSEXUALITY 456 (1971), .................................12 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 ...........................................................27 Claudia Winkler, Boy Interrupted, THE WEEKLY STANDARD, 31 (June 19, 2000) ..............................................................................................17 Dox, Biagio Melloni & Gilbert Eisner, MELLONI’S ILLUSTRATED MEDICAL DICTIONARY, 199 (1979) ...............................................................................16 Dr. Veritas, “P” for Pedophile, AMERICAN COLLEGE OF PEDIATRICIANS, June 15, 2015, http://www.acpeds.org/p-for-pedophile .......................................... 9 vi Appeal: 15-2056 Doc: 131 Filed: 05/15/2017 Pg: 8 of 41 F.I. Reyes, et. al., Studies on human sexual development fetal gonadal and adrenal sex steroids, 37 J. CLIN ENDOCRINOL METAB. 74-78 (1973) ............. 4 Gabriele Kuby, THE GLOBAL SEXUAL REVOLUTION: DESTRUCTION OF FREEDOM IN THE NAME OF FREEDOM (2015) ............................................ 18, 19 Gary F. Kelly, AMERICA’S SEXUAL TRANSFORMATION: HOW THE SEXUAL REVOLUTION’S LEGACY IS SHAPING OUR SOCIETY, OUR YOUTH AND OUR FUTURE (2012) .......................................................................................12 Gina Loudon, Ph.D., The Dark, Untold Story of Transgenderism, WORLD NET DAILY, June 5, 2015 .............................................................................17
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