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By Beth Ann Rosica
Last week, seven Commonwealth Court judges heard arguments about the definition of “sex” according to Pennsylvania law. While I have been involved in this case as a petitioner since its inception, I was nevertheless surprised at the lunacy of the discussion.
Let’s think about this — ten years ago, no one would have questioned what the definition of “sex” means. It’s a binary, biological fact. There are men with XY chromosomes and women with XX chromosomes. (This comprises the vast majority — over 99.8 percent — of humans on the planet while a minute number of people have chromosomal disorders.)
Yet despite this common sense and widely accepted definition, the Pennsylvania Human Relations Commission (PHRC) changed the definition of the sex in 2023 to include gender, sexual orientation, and gender expression, amongst other things.
The attorney for the PHRC argued that the Pennsylvania State Constitution does not define sex. Even one of the Commonwealth Court judges commented that the state does not have a definition for sex.
Why It Matters. How did we get to a point in history where educated people do not understand this very basic fact? Attorneys are generally smart people, they must pass the bar exam, which is a rigorous test. Lawyers are taught to think critically and in a way different from most professions. And yes, part of their job is to find loopholes and ways to argue and support their case or client.
Attorneys are not taught to suspend rational thought and common sense. Yet that is exactly what is happening in Pennsylvania and other blue states across the country. Even the most recently appointed federal Supreme Court Justice was incapable of answering the question, “what is a woman?”
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