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Brief Amici Curiae of Dr. Judith Reisman and the Child

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Brief Amici Curiae of Dr. Judith Reisman and the Child No. 16-273 IN THE SUPREME COURT OF THE UNITED STATES GLOUCESTER COUNTY SCHOOL BOARD, Petitioner, v. G.G. by her next friend and mother, DEIRDRE GRIMM, Respondent On Writ of Certiorari to the U.S. Court Of Appeals for the Fourth Circuit BRIEF OF AMICI CURIAE DR. JUDITH REISMAN AND THE CHILD PROTECTION INSTITUTE IN SUPPORT OF PETITIONER Mathew D. Staver Mary E. McAlister (Counsel of Record) LIBERTY COUNSEL Anita L. Staver PO Box 11108 Horatio G. Mihet Lynchburg, VA 24506 LIBERTY COUNSEL (407) 875-1776 PO Box 540774 [email protected] Orlando, FL 327854 (407) 875-1776 [email protected] i TABLE OF CONTENTS TABLE OF AUTHORITIES ........................ ivv INTEREST OF AMICI .................................... 1 INTRODUCTION AND SUMMARY OF ARGUMENT ..................................................... 2 LEGAL ARGUMENT ...................................... 6 I. THIS COURT SHOULD REJECT THE DEPARTMENTS’ DIRECTIVE BECAUSE THERE IS NO SCIENTIFIC EVIDENCE FOR THE CONCEPT OF A DIFFERENTIAL “GENDER IDENTITY.” ........................................ 6 II. THIS COURT SHOULD GIVE NO EFFECT TO THE DEPARTMENTS’ INTERPRETATION BECAUSE IT REPLACES SCIENTIFIC REALITY WITH AN ARTIFICIAL SOCIAL CONSTRUCT BUILT UPON CHILD SEXUAL ABUSE, FRAUD AND HUMAN EXPERIMENTATION. ................... 20 ii A. Alfred Kinsey Disguises Child Sexual Abuse As Scientific Data On “Pre- Adolescent Orgasm” And Launches The Idea Of Fluid Sexuality. ......................... 21 B. Dr. Harry Benjamin Used Kinsey’s Concepts To Become The Father Of Transsexualism And Posit The Existence of Seven Sexes. ........................................... 26 C. Dr. John Money Used Kinsey’s Model Of Human Experimentation To Develop His Concept Of Transgenderism And Sex “Re-Assignment.” ...................... 30 D. Socio-Political Change Agents Hijack The Language To Further Their Agenda Of Deconstructing Binary Sex. ............................................... 37 iii III. THIS COURT SHOULD GIVE NO EFFECT TO THE DEPARTMENTS’ INTERPRETATION BECAUSE IT IS INIMICAL TO THE HEALTH AND WELFARE OF CHILDREN AND ANTITHETICAL TO THE DEPARTMENTS’ GOAL OF PROVIDING A SAFE EDUCATIONAL ENVIRONMENT FOR ALL. .......... 40 A. Giving Effect To The Departments’ Guidance Would Mean Sanctioning The Administration Of Irreversible, Harmful, Life-Changing Procedures to Children Without Informed Consent. .................... 41 B. Giving Effect To The Departments’ Guidance Would Endanger Children’s Mental And Emotional Health And Create Unsafe School Environments. ........................... 46 CONCLUSION ........................................... 55 iv TABLE OF AUTHORITIES Cases Hein v. Freedom From Religion Found., Inc., 551 U.S. 587 (2007) ....................... 39 Kosilek v. Maloney, 221 F. Supp. 2d 156 (D. Mass. 2002) ...................................... 29 Obergefell v. Hodges, 135 S. Ct. 2584 (2015) ...................................................... 39 Other Authorities An Interview with John Money, PAIDIKA: THE JOURNAL OF PAEDOPHILIA 12 (Spring 1991) .......................................... 30 Alfred Kinsey, et. al., SEXUAL BEHAVIOR IN THE HUMAN FEMALE (1953) ............... 22 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, 73 (2000) ..................................... 46, 47 Andrew R. Flores et al., Williams Institute, UCLA School of Law, How Many Adults Identify as v Transgender in the United States?” (June 30, 2016) ......................................... 5 Arno Karlen, SEXUALITY AND HOMOSEXUALITY (1971) ........................ 25 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 .................................................. 52 Cecilia Dhejne, et. al. Long-Term Follow- Up of Transsexual Persons Undergoing Sex Reassignment Surgery: Cohort Study in Sweden, 6 PLoS ONE .............................................. 16 Claudia Winkler, Boy Interrupted, THE WEEKLY STANDARD, 31, 34 (June 19, 2000) ................................................. 36 Dox, Biagio Melloni & Gilbert Eisner, MELLONI’S ILLUSTRATED MEDICAL DICTIONARY, 199 (1979) ......................... 32 Dr. Veritas, “P” for Pedophile, AMERICAN COLLEGE OF PEDIATRICIANS, June 15, 2015, http://www.acpeds.org/p- for-pedophile ........................................... 21 vi Emily F. Rothman & Avanti Adhia, Adolescent Pornography Use and Dating Violence among a Sample of Primarily Black and Hispanic, Urban-Residing, Underage Youth, 6 BEHAV. SCI. 1 (2016)............................... 51 F.I. Reyes, et. al., Studies on human sexual development fetal gonadal and adrenal sex steroids, 37 J. CLIN ENDOCRINOL METAB. 74-78 (1973) .......... 8 G. Blum, Annotation, Obscenity prosecutions: statutory exemption based on dissemination to persons or entities having scientific, educational, or similar justification for possession of such materials. 13 A.L.R. 567 (1993) ................................... 53 Gabriele Kuby, THE GLOBAL SEXUAL REVOLUTION: DESTRUCTION OF FREEDOM IN THE NAME OF FREEDOM (2015) ................................................ 37, 38 Gary F. Kelly, AMERICA’S SEXUAL TRANSFORMATION: HOW THE SEXUAL REVOLUTION’S LEGACY IS SHAPING OUR SOCIETY, OUR YOUTH AND OUR FUTURE (2012) ....................... 25 vii Gina Loudon, Ph.D., The Dark, Untold Story of Transgenderism, WORLD NET DAILY, June 5, 2015 ...................... 35 Harry Benjamin, M.D., Introduction to the Second Printing of Rene Guyon, THE ETHICS OF SEXUAL ACTS (1948). ......................................... 26, 27, 29 Harry Benjamin, M.D., 7 Kinds of Sex. 27 SEXOLOGY: SEX SCIENCE ILLUSTRATED 436 (Feb. 1961) .......... 28, 29 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) ................. 16 Jack Drescher & Jack Pula, Ethical Issues Raised by the Treatment of Gender-Variant Prepubescent Children LGBT Bioethics: Visibility, Disparities, and Dialogue, special report, 44 HASTINGS CENTER REPORT, S17 (2014) ...................................................... 11 viii Jay N Giedd, et. al., The Teen Brain: Insights from Neuroimaging, 42 JOURNAL OF ADOLESCENT HEALTH 335–43 (2008) ......................................... 43 Jay N. Giedd et al., Brain Development during Childhood and Adolescence: A Longitudinal MRI Study, 2 NATURE NEUROSCIENCE 861–63 (October 1999). ....................................... 43 Johanna Olson, M.D., et. al., Baseline Physiologic and Psychosocial Characteristics of Transgender Youth Seeking Care for Gender Dysphoria, 57 JOURNAL OF ADOLESCENT HEALTH 374 (2015............ 18 John Colapinto, AS NATURE MADE HIM (2000) .......................................... 32, 34, 35 John Money, ed. SEX RESEARCH RECENT DEVELOPMENTS (1965) ........................... 31 John Money, Gender Role, Gender Identity, Core Gender Identity: Usage and Definition of Terms, JOURNAL OF THE AMERICAN ACADEMY OF PSYCHOANALYSIS 397 (1973) ...................................................... 31 Judith A. Reisman, et. al. KINSEY, SEX & FRAUD (1990) .......................................... 22 ix Judith Reisman, Ph.D., STOLEN HONOR, STOLEN INNOCENCE (2013) .................... 24 Keith Ablow, M.D., All wrong in California, girls can use urinals in the boys' restroom, Fox News, January 14, 2014 .............................. 48-50 Larry Cahill, Why Sex Matters for Neuroscience, 7 NATURE REVIEWS NEUROSCIENCE, 477-84 (2006) ................ 7 Lawrence S. Mayer, Ph.D. & Paul R. McHugh, M.D., Sexuality and Gender: Findings from the Biological, Psychological, and Social Sciences, 50 THE NEW ATLANTIS 12 (Fall 2016) ....... 12, 13, 15, 19 Leah Cahan Schaefer & Connie Christine Wheeler, Harry Benjamin’s First Ten Cases (1938-1953): A Clinical Historical Note, 24 ARCHIVES OF SEXUAL BEHAVIOR 73, 74 (1995) 26, 27, 29 LGBT History Month, October: 31 days, 31 icons: Alfred Kinsey, sex researcher, http://lgbthistorymonth.com/alfred- kinsey. ..................................................... 22 M. Lombardo, Fetal testosterone influences sexually dimorphic gray x matter in the human brain 32 J NEUROSCIENCE 674-80 (2012) .................. 8 Mary Beckman, Crime, Culpability and the Adolescent Brain, 305 SCIENCE 596 (July 30, 2004) ........................... 43, 46 Melanie Bechard, Kenneth Zucker et. al., Psychosocial and Psychological Vulnerability in Adolescents with Gender Dysphoria: A “Proof of Principle” Study, JOURNAL OF SEX AND MARITAL THERAPY, 1, 4-5 (2016) ...................................................... 17 Michelle Cretella, M.D., Gender Dysphoria in Children, AMERICAN COLLEGE OF PEDIATRICIANS, (August 2016) .................................. passim Milton Diamond, Ph.D. & H. Keith Sigmundson, M.D., Sex Reassignment at Birth: A Long Term Review and Clinical Implications, 151 ARCHIVES OF PEDIATRICS AND ADOLESCENT MEDICINE 298 (1997) ............................. 36 Milton Diamond, Transsexuality Among Twins: identity concordance, transition, rearing, and orientation, 14 INTERNATIONAL JOURNAL OF TRANSGENDERISM, 24–38 (2014) ........... 10 xi Miriam Grossman, M.D., YOU’RE TEACHING MY CHILD WHAT? (2009) ...... 7-9 NATIONAL CENTER FOR EDUCATION STATISTICS U.S. DEPARTMENT OF EDUCATION, & BUREAU
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