The Gateway Pundit Sues Lead Stories Fact-Check Reporter for Defamation

The Hunter Biden laptop story was a sensational NY Post story involving drugs, hookers, Chinese connections, payoffs, and more. That it involved the son of the former Vice President, who was in a pitched battle for the Presidency against incumbent Donald Trump, left the media with few options to cover for Democrats.

They tried ignoring the story but the ongoing revelations became too explosive. So the left-wing army of fact-checkers came to their rescue to officially ‘debunk’ the story.

A powerful exclusive at the Gateway Pundit featured cutting-edge technology developed by Yaacov Apelbaum, that utilized artificial intelligence in order to determine whether a face in one image ‘matched’ the face of another image, a now-common technology known as “facial recognition” to show that Hunter Biden had an active PornHub account that featured Biden relatives.

Very sloppily, Dean Miller Managing Editor from Lead Stories, wrote the takedown of the Gateway Pundit story. The obvious goal of this article is to discredit the story, Apelbaum, and the Gateway Pundit.

In debunking the Gateway Pundit, though, Lead Stories ran afoul of relevant laws about libel, injurious falsehood, and interfering with business relationships and are now being sued by the Gateway Pundit.

Because all of the items ‘debunked’ are, in fact, true.

“Leftist media organizations – the Mainstream Press – learned one lesson from 2016: destroy alternative media. They lie and then use the lies of others to deplatform conservative media and harass their advertisers. They have successfully run many good outlets out of business, but this conduct is illegal, and we will fight back. Jim Hoft and the Gateway Pundit have been libeled and defamed by Dean Miller and Lead Stories, and we will seek justice,” General Counsel for the Gateway Pundit John Burns, said.

Very confidently, Miller declared that the entire underlying story was “not true” and used “scare quotes” in order to make many of the claims by Apelbaum seem unlikely, extreme, and laughable.

An example of this is when Miller wrote this libelous sentence: 

Lead Stories has reached out to Hoft and to Apelbaum to ask how they made the connection and “authenticated” the content.”

The scare quotes around the word “authenticated” signals to the reader that they should have skepticism or derision about the use of that word.

“Mr. Apelbaum is an expert without peer, a leader in his industry, he’s doing great things in artificial intelligence and what Lead Stories said about him is insulting and harmful to his reputation,” Burns said. “His experience and resume says it all, his reputation as an expert, and the reputation of the Pundit in profiling a leader in this industry, is something we are willing to litigate in order to protect. Lead Stories needs to do a better job checking its facts before defaming honest men and women in America, the law is not on their side.”

Miller went through Apelbaum’s LinkedIn and suggested that his entire resume was fake. In one example, Miller says he searched Dun and Bradstreet’s website for mentions of his name, as they were one of Apelbaum’s past employers and found none. On their own site, they mention they have 4,037 current employees, so the purpose of this search, without context, leaves the reader with the wrongful impression that Apelbaum is a faker. Miller mentioned that he ‘reached out to’ Dun & Bradstreet to confirm Apelbaum’s employment and “will update” the report “when they reply.” Again leaving any reasonable reader on the impression that they have not yet replied, and they have likely not replied because they have no record of Apelbaum.

Miller then uses the same lazy ‘laptop journalism’ where he searches a few sites and reports unresponded emails and voicemails as admissions of fact, to declare that there’s no proof Apelbaum worked at Western Union, because he searched their website for a mention of his name and likely sent an email that went unreplied to. For context, just the parent company of Western Union has 11,500 employees according to Dun & Bradstreet. So it’s very unlikely that a website crawl and a solitary email or phone call would be able to get a confirmation that someone was an employee years ago.

TGP reached out to Dean Miller for comment and did not receive a response. TGP called Alan Duke, Miller’s editor, and left a voicemail that was returned via email with this quote:

We do not expect much from your “reporting” considering your publication recently published a hit piece on us that was filled with false claims. It says a lot that a reporter who just weeks ago threatened to sue us is now assigned to write about us. Your bias is showing.”

Duke is referencing a dispute involving another discredited Lead Stories article from several weeks ago, where his reporter said a separate TGP article was “missing context” because it referred to a Dominion Whistleblower as a “staffer” and not a “contractor” and then refused to correct their reporting when their errors were explained.

Notably, Lead Stories appears to have disabled the ability to search through Dean Miller’s past stories on their website. It is not clear what they are hiding, and disabling search does not appear to have been done to any other Lead Stories reporter.

The Dean Miller case is numbered 20SL-CC06083 in St. Louis County Circuit Court, and is styled James Hoft et al. v. Dean S. Miller. Miller is being served soon and the case, according to Burns, will proceed quickly in the next few weeks.

The post The Gateway Pundit Sues Lead Stories Fact-Check Reporter for Defamation appeared first on The Gateway Pundit.

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Democrat Andrew Yang Echoes Calls From Communist China To Have Proof-Of-Vaccination Barcodes

Failed Democrat presidential candidate Andrew Yang, who is also a CNN contributor, echoed on Friday calls from communist China by calling for people to have proof-of-vaccination barcodes.

“Is there a way for someone to easily show that they have been vaccinated — like a bar code they can download to their phone?” Yang wrote on Twitter. “There ought to be.”

“Tough to have mass gatherings like concerts or ballgames without either mass adoption of the vaccine or a means of signaling,” he added. “I’ve been tested at a photo shoot or interview and gotten a bracelet showing I was negative. Then we could interact more freely.”

Yang’s remarks are similar to what Chinese communist dictator Xi Jinping, who has religious minorities locked up in concentration camps, wants to be implemented around the world.

“China mandated the widespread use of QR-based health certificates earlier this year. The system, which uses an electronic barcode to store a person’s travel and health history, has been credited with helping to curb the spread of the virus,” CNN reported last month. “The code issues users with a color code based on their potential exposure to the novel coronavirus. The colors are like traffic lights — green is safest, then amber and finally red.”

“China has proposed a global mechanism on the mutual recognition of health certificates based on nucleic acid test results in the form of internationally accepted QR codes,” Xi said last month. “We hope more countries will join this mechanism.”

Yang faced widespread backlash over his comments, although Democrats were largely silent, with many pointing to privacy and authoritarian concerns.

Doctor Nicole Saphier responded to Yang’s tweet by writing: “The mere mention of bar codes given following vaccination will dissuade 50% of the population from getting the vaccine. Not to mention, are we now going to start labeling those with other communicable diseases, such as HIV and Hepatitis, to segregate them from the ‘healthy?’”

The Electronic Frontier Foundation wrote on Twitter: “A digitized system based on proof of immunization will amplify access issues and introduce privacy concerns that would harm public health efforts to ease the public’s mind.”

Professional basketball player Andrew Bogut wrote on Twitter: “Maybe an arm band with a specific kind of logo will suffice?”

Political commentator Mike Cernovich wrote: “When fascism appears, it won’t come with a gun, it’ll come with a smile.”

Political commentator Dave Rubin responded: “I like Andrew, have had him on the show, he’s welcome back and would love to shoot hoops with him. But… This sort of centralized authoritarian control that Democrats want around every part of your life is why there are so few moderates left. Star on their jacket, maybe?”

A National Review podcast host added: “I know your heart’s in the right place but trust me on this one, there will be a mass revolt among certain (and large) American subgroups if this becomes a thing. I think you know why.”

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Gretchen Whitmer Lockdown Closed 32% of Michigan Businesses


The ongoing coronavirus lockdowns and restrictions ordered by Gov. Gretchen Whitmer (D) have shuttered 32 percent of Michigan businesses at least temporarily this year.

Michigan was second only to Puerto Rico in the United States for closures, a territory that was hit by a 2017 hurricane and relies heavily on tourism.

Nationally, 19 percent of businesses were impacted by government-mandated lockdowns, the Center Square reported.

Pennsylvania trailed the Great Lakes State with 30 percent, followed by Washington at 27 percent. Vermont, Hawaii and New York each had 26 percent of businesses close during the pandemic.

Each of those states, along with Michigan, are led by Democrat governors.

Conversely, Republican-led states — South Dakota, Arkansas, North Dakota, Utah, Wyoming, and Nebraska — saw less than 10 percent of businesses close.

Michigan is in the midst of an extended “pause,” which is scheduled to expire Sunday. The “pause” resulted in a regression of freedoms in the state and closed in-person dining, classroom learning for high schoolers, and several entertainment establishments, such as bowling alleys and areas, close.

Many believe that will be extended yet again.

Meanwhile, the Michigan Restaurant & Lodging Association (MRLA) said 5,600 restaurant operators predict they will not be in business in six months if the lockdown continues.

Forty-eight percent said they are considering temporarily closing their restaurant until the pandemic passes. Many have attempted to stay afloat by offering takeout service.

Additionally, 52 percent of hotel owners said they are in danger of foreclosure. Sixty-three percent said less than half of their employees are working full time.

“The data is settled,” Justin Winslow, President & CEO of the MRLA, said in a release:

It is fundamentally clear that the pandemic is decimating the hospitality industry in this state to a degree never seen or even imagined. While it will take several years and a stable economy to reclaim the size, impact and opportunities produced by this industry, we have not yet reached the bottom.

Whitmer extended her three-week “pause” over fears of a so-called Thanksgiving surge, after politicians ordered Americans to stay away from their families during the holiday.

That “surge” never materialized as the “experts” predicted, WWMT reported.

Kyle Olson is a reporter for Breitbart News. He is also host of “The Kyle Olson Show,” syndicated on Michigan radio stations on Saturdays–download full podcast episodes. Follow him on Parler.

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Michigan Recount Confirms Trump Won County That Went to Biden

In the ongoing comedy of errors that is the 2020 presidential election, a recount confirmed that President Donald Trump won Michigan’s Antrim County, even though the election night results appeared to show that Joe Biden had taken the county. A hand recount in Antrim County conducted Thursday showed that Trump garnered 9,759 votes, while Biden…

The post Michigan Recount Confirms Trump Won County That Went to Biden appeared first on The Western Journal.

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Helen Keller Dissed In TIME Magazine Feature: ‘Just Another … Privileged White Person’

TIME magazine featured a comment from a left-wing disability activist who dissed Helen Keller as “just another, despite disabilities, privileged white person.” Keller became both deaf and blind at 19 months old, and with the help of teacher Anne Sullivan, learned how to read and speak. “[T]o some Black disability rights activists, like Anita Cameron, Helen Keller […]

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Report: Mark Zuckerberg’s $419 Million Non-Profit Contributions ‘Improperly Influenced 2020 Presidential Election’


A report released by the Amistad Project of the Thomas More Society at a press conference on Wednesday alleged Facebook founder Mark Zuckerberg and his wife made $419.5 million in contributions to non-profit organizations during the 2020 election cycle–$350 million to the “Safe Elections” Project of the Center for Technology and Civic Life (CTCL) and another $69.5 million to the Center for Election Innovation and Research–that, “improperly influence[d] the 2020 presidential election on behalf of one particular candidate and party.”

“The 2020 presidential election witnessed an unprecedented and coordinated public-private partnership to improperly influence the 2020 presidential election on behalf of one particular candidate and party. Funded by hundreds of millions of dollars from Facebook founder Mark Zuckerberg and other high-tech interests, activist organizations created a two-tiered election system that treated voters differently depending on whether they lived in Democrat or Republican strongholds,” Amistad Project Director Phill Kline wrote in the report’s executive summary.

The report identified three key actions that, taken together, “represent the beginning of the formation of a two-tier election system favoring one demographic while disadvantaging another demographic.”

  • Private monies dictated city and county election management contrary to both federal law and state election plans endorsed and developed by state legislatures with authority granted by the United States Constitution.
  • Executive officials in swing states facilitated, through unique and novel contracts, the sharing of private and sensitive information about citizens within those states with private interests, some whom actively promote leftist candidates and agendas.
  • Swing state governors also started issuing emergency executive orders shutting down in-person voting while pouring new state resources into encouraging persons to vote in advance. Polling data revealed this coordinated assault on in-person voting generally favored Democrat Party voters who preferred to vote in advance, while placing Republicans, who preferred to vote in person, at a disadvantage. These actions represent the beginning of the formation of a two-tier election system favoring one demographic while disadvantaging another demographic.

“This evidence is present and available to all Americans,” Kline said at the press conference of the information included in the report.

“The mainstream media has also tried to censor this evidence,” he noted, adding that, “America understands that there are serious problems with this election.”

“This effectively is a shadow government running our elections,” Kline continued.

“This network pumped hundreds of millions of dollars into local election systems using the COVID crisis as a pretense. Our report proves that in reality it was nothing more than a naked attempt to purchase an election. ‘Zuckerbucks’ and local election officials invited a billionaire into the consolidated ballot counting centers while kicking out the American people,” Kline said in the statement accompanying the release of the report:

“This report paints a clear picture of a cabal of billionaires and activists using their wealth to subvert, control, and fundamentally alter the electoral system itself,” Kline added. “We must act now to prevent such privatized elections in the future. The American public deserves transparent and fair elections, not lawless elections directed by powerful private interests.”

In addition to Zuckerberg, the main foundations funding the effort to subvert the electoral system were The Democracy Fund, New Venture Fund, Skoll Foundation, and Knight Foundation, according to the report. Key nonprofits involved in distributing the money include CTCL, the Center for [Election] Innovation Research, the Center for Civic Design, the National Vote at Home Institute, the Center for Secure and Modern Elections, and Rock the Vote.

The report demonstrates that funding from nonprofits was especially unnecessary in Michigan, Pennsylvania, and Wisconsin, as the federal government had already provided sufficient funding through both the Help America Vote Act (HAVA) and the CARES Act.

The report alleged that the privatization of the administration of the election in key battleground states, and its effective removal from the control of properly authorized local and state governments was strengthened by improper “claw back provisions” attached to grants given to counties and cities by CTCL.

Under those provisions, local governments would be required to return the CTCL donations if they failed to implement the more controversial and legally dubious elements of the plan, including the use of drop boxes to collect absentee ballots and the requirement that counting centers be consolidated in a way that made observation of the counting process by GOP observers more difficult.

The report focused heavily on how the CTCL used the $350 million donated to the 501 (c) (3) by Mark Zuckerberg and his wife between September 1, 2020 and October 21, 2020, particularly in urban areas in four key battleground states: Georgia, Michigan, Wisconsin, and Pennsylvania.

In Wisconsin, the report alleged the CTCL plan worked to benefit Biden and the Democrats:

For example, CTCL inked a $100,000 grant to the Mayor of Racine, WI in May of 2020 directing the Mayor to recruit four other cities (Green Bay, Kenosha, Madison, and Milwaukee) to develop a joint grant request of CTCL. This effort results in these cities submitting a “Wisconsin Safe Election Plan” on June 15, 2020 to CTCL and, in turn, receiving $6.3 million to implement the plan. This privatization of elections undermines the Help America Vote Act (HAVA), which requires state election plans to be submitted to federal officials and approved and requires respect for equal protection by making all resources available equally to all voters.

The provision of Zuckerberg-CTCL funds allowed these Democrat strongholds to spend roughly $47 per voter, compared to $4 to $7 per voter in traditionally Republican areas of the state. Moreover, this recruiting of targeted jurisdictions for specific government action and funding runs contrary to legislative election plans and invites government to play favorites in the election process.

The “Wisconsin Safe Election Plan” was not authored by the state, and considered state election integrity laws as obstacles and nuisances to be ignored or circumvented. Moreover, CTCL retained the right, in the grant document, to, in its sole discretion, order all funds returned if the grantee cities did not conduct the election consistent with CTCL dictates.

Effectively, CTCL managed the election in these five cities. And this plan violated state law in, at least, the following fashion:

1) The plan circumvented voter identification requirements for absentee ballots by attempting to classify all voters as “indefinitely confined” due to COVID and later, after Wisconsin Supreme Court criticism, by ordering election clerks to not question such claims.

2) The plan initiated the use of drop boxes for ballot collection, significantly breaching the chain of custody of the ballot and failing to maintain proper logs and reviews to ensure all properly cast ballots were counted and all improperly cast ballots were not counted.

3) Initiated the consolidation of counting centers, justifying the flow of hundreds of thousands of ballots to one location and the marginalization of Republican poll watchers such that bipartisan participation in the management, handling, and counting of the ballots was compromised.

These are but examples of radical changes in election processes that opened the door for significant fraud.

In Pennsylvania, the report asserted:

The disparate impact of Zuckerberg funding is also present in the analysis of CTCL funding in Pennsylvania. Documents obtained through court order revealed communication between the City of Philadelphia and CTCL emphasizing that CTCL paid election judges in Philadelphia and other election officials. CTCL mandated Philadelphia to increase its polling locations and to use drop boxes and eventually mobile pick-up units. Moreover, Zuckerberg monies allowed Philadelphia to “cure” absentee ballots in a manner not provided for in Republican areas of the state.

In Democrat Delaware County, Pennsylvania, one drop box was placed every four square miles and for every 4,000 voters. In the 59 counties carried by Trump in 2016, there was one drop box for every 1,100 square miles and every 72,000 voters. Government encouraging a targeted demographic to turn out the vote is the opposite side of the same coin as government targeting a demographic to suppress the vote. This two-tiered election system allowed voters in Democrat strongholds to stroll down the street to vote while voters in Republican strongholds had to go on the equivalent of a “where’s Waldo” hunt.

In Michigan, the report stated:

The Amistad Project’s concerns were amplified by the nature of a contract offered by Michigan’s health director to a subsidiary of NGP VAN, a Democrat fundraiser and data services company. Michigan granted the COVID tracing contract to Michigan VAN as a subsidiary of NGP VAN. The contract allowed this leftist organization to demand sensitive information from Michigan citizens at the threat of arrest. Citizens could be ordered to turn over medical records, travel information, the names of associates and friends, and other information with a significant privacy interest and of significant monetary value to a political fundraiser.

Emails later obtained through FOIA requests demonstrate Governor Whitmer’s political director was involved in suggesting to the health department that they not directly contract with NGP VAN because of possible political fallout. Governor Whitmer’s staffer recommended NGP VAN create a Michigan subsidiary and that the subsidiary become a subcontractor so as to conceal NGP VAN’s involvement. When this information became public, Whitmer claimed she was unaware of the agreement and faced with public pressure, she rescinded the contract.

Last month, the Amistad Project filed a lawsuit alleging that more than 100,000 ballots had been cast illegally in Georgia:

The Amistad Project of the Thomas More Society today filed a lawsuit contesting the results of the 2020 presidential election in Georgia, citing expert opinion that well over 100,000 illegal votes were improperly counted, while tens of thousands of legal votes were not counted.

The expert analysis of government data showing that the total number of illegal votes counted and legal votes not counted is greater than 200,000 — vastly exceeding the 12,670-vote margin in the presidential election contest.

“The number of potentially fraudulent ballots we’ve identified in Georgia is over 15 times greater than the margin separating Donald Trump and Joe Biden. This finding undercuts the integrity of the general election,” said Phill Kline, Director of The Amistad Project. “The discrepancies we identified arose in large part because certain election officials acted with greater fealty to the dictates of private funders than to the laws set forth by the people’s representatives in the General Assembly.”

The report released on Wednesday identified five specific action steps to address the election integrity issues it identified:

  • The secretaries, attorneys general, and/or legislatures of states whose county governments received CTCL funds should commission a comprehensive, third-party audit of the consistency of private/public transactions with the HAVA implementation plans of their state. This should include compliance with NIST standards, and state procurement requirements.
  • State secretaries, attorneys general and/or legislatures who have membership in the non-profit Electronic Registration Information Center (ERIC) should audit the information access, collection, storage, security and/or potential voter information sharing practices of ERIC with other states or third-party non-profit
    associations.
  • Secretaries, attorneys general, and/or legislators of states who received Center for Election Innovation CEIR grants for election related purposes should request and evaluate CEIR contracts for HAVA compliance and the fiscal and procurement requirements of their individual states.
  • State by state examination of the legal authority by which CTCL, a non-profit organization chartered in Illinois,  negotiated grant contracts with county and municipal governments in multiple jurisdictions across many states.
  • County commissioners should coordinate with their respective attorneys general or legislatures to understand and mitigate potential future liabilities of the claw back language in any grant agreements they have with CTCL.

The Zuckerberg-funded CTCL announced last month that it will provide even more funding to local counties and cities in Georgia in advance of the January 5 U.S. Senate runoffs in the state.

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Left-wing senator wants Netflix, Disney, and other online streamers to give away their products for free so Americans will stay home

Democrats really, really, really want people to stay home for the COVID holidays.

They have repeatedly used "sticks" to attempt to get Americans to not leave their residences — including instituting curfews, shutting down restaurants, closing churches, and even threatening more stay-at-home lockdown orders.

Now, left-wing Sen. Angus King (I-Maine) is looking for "carrots" — and he’s trying to convince online entertainment streamers to help out.

In a letter Monday to the heads of Netflix, Amazon Prime, Disney Plus, Apple Plus, Hulu, and HBO Max, King laid out the case for these companies to give away their product for free — for the greater good:

As organizations around the country continue to respond to the spread of the novel coronavirus, or COVID-19, I am reaching out to discuss and consider the unique role that your companies play in providing content-based activities this holiday season. Specifically, I encourage you to temporarily remove any cost considerations for use of your services for current non-subscribers as a public service to who are seeking to remain safe and indoors this holiday season, as opposed to the risks involved as the nation sees a dramatic surge in pandemic cases.

The Centers for Disease Control and Prevention (CDC) has issued guidance recommending that specific community actions be taken to limit the exposure of the virus, and has additionally encouraged Americans to avoid their usual holiday travel to reduce transmission of the coronavirus. We believe that your companies are in a unique position to help families cope with the effects of this health emergency on typical holiday traditions.

If that wasn’t enough, King went on to inform them that such a move would be great "opportunity" for these companies to do the "socially responsible" thing.

Yes, as the temperatures outside continue to drop, "safe outdoor recreation options are further restricted," the senator said — while failing to note that many of the restrictions the people are under were imposed by Democratic officials.

Because of the restrictions, "Americans are faced with even further social isolation and increased free time during the holidays," King noted. "This is a risk; it could also be an opportunity for creative, socially responsible thinking."

Without the help of Netflix, Disney, and other outlets, "Americans are likely to choose to ignore public health advice," the senator continued, adding that these irresponsible citizens will likely "carry on their typical holiday traditions instead of remaining safely at home."

He told them he super wants them to write back with "what steps you see feasible and able to be accomplished to limit the health emergency" and would "encourage" them to do whatever they can to help.

‘King’s Gambit’

In an editorial titled "Angus King’s Gambit" posted Wednesday evening, the Wall Street Journal noted a couple of seemingly obvious points.

First, Netflix and other online streamers have seen record numbers of subscriptions during the pandemic because so many Americans are staying home — yet the virus continues to spike:

Who knew Netflix could slow Covid? The pandemic has been a boon for online streaming services, which have added tens of millions of new users during the pandemic. Disney+ now boasts 74 million, up from 50 million in April. There’s no evidence, however, the streaming surge has stopped the virus from spreading.

Second, the Journal noted, "free" Netflix, Hulu, and Amazon Prime is not a thing:

In any case, many young people already free-ride on subscriptions of family and friends. Increased streaming of “The Queen’s Gambit" or “Seinfeld" reruns would increase broadband traffic and slow speeds for other uses including telemedicine visits and FaceTiming with grandparents. There’s no such thing as free Netflix.

The paper further warned that "Democrats want the Federal Communications Commission to reclassify broadband providers as common carriers so they could be forced to provide free ‘public services,’ which is how Mr. King labels entertainment."

No reports yet on whether the entertainment outlets have offered a response.

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California Sheriff Rejects Court Order To Reduce Inmate Population, Blasts The ACLU

The sheriff of Orange County, California, said on Wednesday that he would fight a recent order issued by a local superior court judge to significantly reduce the number of inmates housed in the county’s jail system due to COVID-19 concerns. According to FOX 11 News, Sheriff Don Barnes “is refusing to release any more” incarcerated […]

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No more sex identification on birth certificates, New England Journal of Medicine article declares

A New England Journal of Medicine article published last week states that birth certificates no longer should include sex identification "given the particularly harmful effects of such designations on intersex and transgender people."

What are the details?

The article said birth certificates in 1949 underwent a revision that "created a line of demarcation. The legally identifying fields above the line appear on certified copies of birth certificates, whereas information in the fields below the line, which is used for statistical purposes, is deidentified and reported in the aggregate. Race and parents’ marital status, for example, were moved below the line of demarcation to permit self-identification and to avoid stigma, respectively."

Simply put, the authors said it’s time to move sex designation below the line.

More from the article:

Designating sex as male or female on birth certificates suggests that sex is simple and binary when, biologically, it is not. Sex is a function of multiple biologic processes with many resultant combinations. About 1 in 5000 people have intersex variations. As many as 1 in 100 people exhibit chimerism, mosaicism, or micromosaicism, conditions in which a person’s cells may contain varying sex chromosomes, often unbeknownst to them.2 The biologic processes responsible for sex are incompletely defined, and there is no universally accepted test for determining sex.

Assigning sex at birth also doesn’t capture the diversity of people’s experiences. About 6 in 1000 people identify as transgender, meaning that their gender identity doesn’t match the sex they were assigned at birth. Others are nonbinary, meaning they don’t exclusively identify as a man or a woman, or gender nonconforming, meaning their behavior or appearance doesn’t align with social expectations for their assigned sex.

Sex designations on birth certificates offer no clinical utility; they serve only legal — not medical — goals. Certainly, knowing a patient’s sex is useful in many contexts, when it is appropriately interpreted. Sex modifies the clinical suspicion of a heart attack in the absence of classic symptoms and is a proxy for many undefined social, environmental, and biologic factors in research, for example. But, in each of these applications, sex is merely a stand-in for other variables and is not generally ascertained from a birth certificate.

‘Keeping sex designations above the line causes harm’

The piece emphasizes that "keeping sex designations above the line causes harm."

More from the article:

For people with intersex variations, the birth certificate’s public sex designation invites scrutiny, shame, and pressure to undergo unnecessary and unwanted surgical and medical interventions.1Sex assignments at birth may be used to exclude transgender people from serving in appropriate military units, serving sentences in appropriate prisons, enrolling in health insurance, and, in states with strict identification laws, voting. Less visibly, assigning sex at birth perpetuates a view that sex as defined by a binary variable is natural, essential, and immutable. Participation by the medical profession and the government in assigning sex is often used as evidence supporting this view. Imposing such a categorization system risks stifling self-expression and self-identification.

People with intersex variations may undergo surgeries before they are old enough to consent, often losing reproductive capacity and sexual sensation as a result. Transgender people receive worse health care and have worse outcomes than cisgender people.3 Health care professionals have a particular duty to support vulnerable populations who have historically been harmed by clinicians and by the medical system in general.

The bathroom thing

The authors of the article go further and address safety concerns related to transgender individuals using locker rooms and restrooms of their choice. "But fears about privacy and safety violations in public accommodations aren’t supported by evidence. A study examining the effects of a Massachusetts law protecting transgender people in public accommodations revealed no increase in violations. Meanwhile, many intersex and transgender people avoid public spaces, including restrooms, for fear of mistreatment."

Passports and other documents

The authors also say that if sex designations are removed from birth certificates, it would allow applicants for passports and other government-issued documents "to identify their gender without medical verification."

Pushback

A number of article commenters questioned the authors’ conclusions:

  • "I consider myself a left of center thinking person but this goes a little too far down a rabbit hole I don’t want to step into," one reader noted.
  • "If a person who is male wants to pretend they are female, does that mean I legally have to pretend with them?" another reader asked.
  • "Tinkering with birth certificates will not alter the fact that humans are either men OR women, as little as the Flat Earth Society can make the earth flat," another reader commented. "There are tiny flat patches on earth and a tiny number of humans have ambiguous sex but this does not change the fundamental principles."
  • "This kind of thinking is just another example of how far we are wandering from truth," another reader said.

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