in california, the state’s education gender controversy has erupted concerning parent’s notification rights concerning their child’s gender-related activities at school. should or shouldn’t parents be notified when their child wishes to use another name in school, use different pronouns, participate in opposite sex sports, use the opposite sex bathroom, or use the opposite sex changing room? apnews.com the united states constitution’s first amendment has an establishment clause with respect to the state creating religious dictates. as such, one must wonder whether these gender policies violate the first amendment and are unconstitutional?
the torah portion ki teitzei touches upon this issue. deuteronomy 22:5, provides that “a man’s attire shall not be on a woman, nor may a man wear a woman’s garment because who does these [things] is an abomination to the lord, your god.”
according to the commentator rashi, the initial rationale [that he] provided was that essentially it would prevent individuals from being among the opposite sex. in judaism, the separation of the sexes is something that is practiced today. in orthodox religious services, separate sections exist for both men and women; in religious school, separate classes exist for boys and girls.
thus, the gender policies promulgated by the state of california may be vulnerable to a challenge by upon the establishment clause of the first amendment. clearly, the state is indoctrinating children with beliefs that contravene families’ religious beliefs. further, unlike the experiment of gender ideology which is occurring in real time, there are longstanding religious practices supporting this separation.
be well!!
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