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Another Federal Court declares using restrooms based on gender identity not constitutionally protected

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At the beginning of the month, U.S. District Court Judge for the Northern District of Texas dealt a blow to the Biden administration’s attempt to legislate the ‘woke agenda.’ Judge Matthew Kacsmaryk, a Trump nominee, agreed that last year’s U.S. Equal Employment Opportunity Commission’s (EEOC) ruling went too far.

In his ruling Kacsmaryk wrote that while Title VII of the Civil Rights Act of 1964 protects LGBTQ individuals from discriminatory hiring practices, that doesn’t cover “necessarily all correlated conduct” including choosing which bathroom and pronouns to use.

The EEOC’s ruling at the heart of the discussion sought to protect LGBTQ individuals from discrimination in the workplace by permitting them to use bathrooms based on their gender identity; not their biological gender.

The Conservative Brief reports:

The EEOC’s guidelines were issued in the wake of a ruling by the U.S. Supreme Court, which earlier found in Bostock v. Clayton County “that Title VII extends to protect individuals in the workplace from discrimination based on sexual orientation and gender identity,” The Daily Caller reported, adding: “Several LGBT employees sued after losing their jobs because of their sexual orientation and gender identity.”

“Case by case, category by category, controversy by controversy, Justice Gorsuch deferred judgement, stating Bostock decided only what Bostock decided . . . . Curiously, the Guidances imply and Defendants continue to argue that Bostock’s reach exceeds the grasp of its author . . . . Defendants . . . cannot rely on the words and reasoning of Bostock itself to explain why the Court prejudged what the Court expressly refused to prejudge,” Kacmaryk wrote.

Texas Attorney General Ken Paxton sued the administration in September 2021 over the guidance, arguing that it “increas[ed] for the State in its capacity as an employer — and Burrows did not even have authority to issue it.” He also argued that states have the inherent authority to act under their own policies instead of relying on such specific employer guidance from the federal government.

“The court decision’s is not only a win for the rule of law, but for the safety and protection of Texas children,” Paxton said in a press release. “The Biden Administration’s attempts to radicalize federal law to track its woke political beliefs are beyond dangerous. I will continue to push back against these unlawful attempts to use federal agencies to normalize extremist positions that put millions of Texans at risk.”

The statement also noted:

Texas Agriculture Commissioner Sid Miller supported this challenge and provided compelling evidence that the rule conflicted with the Department of Agriculture’s authority to set reasonable workplace policies. Paxton later amended the lawsuit to include the U.S. Department of Health and Human Services (HHS) as a defendant after the agency released a new rule threatening to cut federal funding to states that prohibit “sex-change” procedures and classify it as child abuse.  The District Court struck down both rules.  

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China

National Institutes of Health renews ‘bat coronavirus’ research funding

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Wuhan Lab

Have we not learned our lesson? The now infamous National Institutes of Health has renewed a grant to EcoHealth Alliance for research on the “risk of bat coronavirus spillover emergence.” The news is shocking to many due to multiple agencies of the U.S. government supporting the lab leak theory of Covid’s origin.

“Zoonotic coronaviruses (CoVs) represent a significant threat to global health, as demonstrated by the emergence of SARS-CoV, MERS-CoV and SARS-CoV-2,” a press release read. “Bats were identified as the wildlife reservoirs of SARS-CoV by EcoHealth Alliance, and since then, we have published hundreds of novel SARS-related CoV (SARSr-CoV) sequences from wildlife in China and across Southeast Asia.”

In order to “ease” concerns and some objections, the press release noted on-the-ground work under the auspices of this new grant will not be conducted in China. The study is specific to southern China, but the “renewed work will involve collaboration only between EcoHealth Alliance and the Duke-National University of Singapore Medical School.”

All “recombinant virus culture or infection experiments” will also be removed from the research process. The press release assured that the research would not be “gain of function,” which involves extracting viruses from animals and engineering them in a lab to make them more transmissible or dangerous to humans.

The Biden administration has been supportive. National Review reports:

In February, national-security council communications coordinator John Kirby said the Biden administration supports gain-of-function research despite the potential risks as long as that it is pursued in a safe and transparent manner.

“[The president] believes that [the research is] important to help prevent future pandemics, which means he understands that there has to be legitimate scientific research into . . . the potential sources of pandemics so that we understand [them] and so we can prevent them from happening,” Kirby said.

However, let’s not forget:

in February, FBI director Christopher Wray told Fox News that Covid likely escaped from a laboratory in China, issuing the first public opinion of the sort from the agency on the origins of the virus.

“The FBI has for quite some time now assessed that the origins of the pandemic are most likely a potential lab incident in Wuhan,” Wray said. “Here you are talking about a potential leak from a Chinese government-controlled lab.”

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