You can get yourself into an awful lot of trouble these days for the mere act of living in reality. Such is the case of Judge Stuart Kyle Duncan, a member of the U.S. Court of Appeals for the Fifth Circuit.
Duncan is a Trump appointee, one who was savaged by the left during his confirmation hearings because they said he couldn’t rule fairly in cases involving LGBT individuals, in large part due to the fact he once represented a school board fighting against a transgender student who wanted to use the bathroom of their choice.
He finds himself again at the center of a controversy regarding whether transgender identity and pronouns are a right in the legal system as opposed to a courtesy.
In an advisory opinion Wednesday, as The Hill reported, Duncan said that it was “convention,” not “binding precedent,” for the courts to refer to a transgender-identifying litigant by their chosen gender pronouns.
The case involves Kathrine Nicole Jett, a transgender biological male.
Jett, back in 2012, pleaded guilty to child pornography charges when he was legally known as Norman Varner.
Jett wanted the court records updated to reflect the fact he had a different name. He also wanted all gender pronouns in the paperwork to be changed to “she/her.”
A lower court ruled that Jett had no claim given that there was no “defect” in the original paperwork, considering that he was legally referred to as Norman Varner at the time of the crimes.
In his majority opinion, Duncan called Jett’s efforts to have his gender pronouns changed in court records a “quixotic undertaking.”
“No authority supports the proposition that we may require litigants, judges, court personnel, or anyone else to refer to gender-dysphoric litigants with pronouns matching their subjective gender identity,” Duncan’s opinion read.
“But the courts that have followed this ‘convention,’” he added, “have done so purely as a courtesy to parties.”
“None has adopted the practice as a matter of binding precedent, and none has purported to obligate litigants or others to follow the practice.”
Read the rest at: pronouns