Controversy on Campus

0:00Hi, friends, thanks so much for downloading this podcast. And I hope truly that you will hear something that will encourage edify equip and enlighten you to get out there and influence and occupy until he comes. And on that note, may I take just a few moments here to describe this month's truth tool. It's by Pastor Jack Hibbs. He's written the book called Call to take a bold stamp. I absolutely love this book because it reminds us that in Christ, all things pass away, all things become new that we are standing for his truth, that we have a new nature because of him. We should be living boldly, but far too often we retreat out of fear from cultural blowback. So I want to encourage all of us to just stand up for Christ to be unashamed of who we are in him and to go into a culture that's telling us in no uncertain terms, they're lost and they're hurting. So if you'd like a copy of Pastor Hibbs new book called Call to take a bold stamp, just give a gift of any amount by calling 877 Janet 58. We are listener supported radio. And this is my way of saying thank you. So that number again is 877 Janet 58 or you can go online in the market with Janet partial dot O R G go to the bottom of the page.

1:02There's the cover of Pastor Jack's book clicking on give a gift and you'll be good to go and we'll send you a copy as a way of saying thank you. Don't forget you can also become a partial partner. Those are people who give every single month at a level of their own choosing. My way of saying thank you to the partial partners is to make sure you get a copy of each month's truth tool and you get our weekly newsletter, which includes some of my writing and an audio piece only from my partial partners. So whether it's a one time gift or you want to be an ongoing giver and become a partial partner, that's your call. But I want to thank you in advance 877 Janet 58 or online it in the market with Janet partial dot O R G. Now please enjoy the broadcast. Here are some of these headlines we're watching. On the conference was over the president want to play more Americans worshiping government over God. It's really rare safety moved by 18 years. The Palestinians and the Israelis.

2:09Hi friends, welcome to in the market with Janet partial. Very happy Tuesday to you. Thanks so much for choosing to spend the hour with us. We've got a lot of important news to cover, but let me start with this. Tomorrow is April fools day, otherwise known as April first. Now be kind, but I will tell you what that means is tonight at midnight. This month's truth tool, my pastor Jack Hibbs goes back on the shelf and becomes truth tool history. So today until midnight is your very last chance to get a copy of called to take a bold stand. But Jack Hibbs does and this book is remind us the time is fleeting that Jesus is coming that we live in a wicked and perverse generation. And yet we are to shine like lights. So how do we become bold in a decaying culture? Boy, what a timely book. And I'll tell you the news of the day can be overwhelming. Sometimes good is called evil evil is called good. We condemn what was celebrated. We celebrate what was condemned. And now we punish those who do not celebrate what is condemned. This is the day in which we find ourselves. So are you going to be in but not of this world? Are you going to let your lights so shine?

3:10Want to know how to do that? Well, that's what this book is designed to help you do to be a bright light. And a dark culture 877 Janet 58. So you'll give a gift of any amount. It is my very tangible way of saying. Thank you for financially supporting the program. We're on the air because you pray and you give and both are invaluable. So again, last day for you to get a copy of call to take a bold stand by Jack Hibbs 877 Janet 58 a gift of any amount. It's our way of saying thank you or online at in the market with Janet partial dot O R G that's in the market with Janet partial dot O R G right there online. You can also become a partial partner. You give every month at a level of your own choosing my way of saying thank you. You get every month's truth tool plus a weekly newsletter. That's my way of saying thank you. So 877 Janet 58 or online at in the market with Janet partial dot O R G. So we're going to turn our attention as we have been for quite some time and will for the foreseeable future. Take a look at what's going on in Iran. And now we have some Gulf states that are urging President Trump to keep up the fight with Iran.

4:10Here is CBN news is Julie Stahl with a report. US Gulf allies are privately urging President Trump to keep up the fight against Iran. Reports say officials from Saudi Arabia, UAE Kuwait and Bahrain who spoke on condition of anonymity say their countries do not want the war to stop until the Iranian leadership is significantly changed or their behavior shifts dramatically. In a truth social post, Trump said great progress is being made and talks with Iran, but if a deal isn't reached shortly and the Strait of Hormuz immediately reopened, the US would broaden its offensive by completely obliterating power plants, oil wells, carg island and possibly even desalination plants. Still the Wall Street Journal reports Trump has told AIDs he's willing to end the fighting against Iran without reopening the Strait of Hormuz because that complex operation would push the warfare beyond his timeline. But consumers in the U.S. remain concerned about the price of gas, which is

5:14now over $4 a gallon. Iran kept up its missile launches against Israel today, including several impacts in central Israel that caused damage to buildings and cars and lightly wounded at least six people, including children. Secretary of State Marco Rubio told Good Morning America it's important to remember the war's objectives. We are destroying Iran's Navy. We are destroying their ability to their missile launches by a significant percentage. We're going to wipe out their defense industrial base. There is a way forward here to achieve our objectives. We are going to achieve our objectives in a matter of weeks, not months. Israeli Prime Minister Benjamin Netanyahu says the war has achieved more than half its goals. However, in an interview with Newsmax, he said he wouldn't put a time frame on when the war would end. Since the beginning of the war, the Israeli Air Force has dropped more than 13,000 bombs on the Iranian regime and military sites and conducted hundreds of attacks against Hezbollah targets in Lebanon.

6:15All this, as Israelis prepare for Passover and Christians for holy week, Israeli police worked out a plan with religious leaders to allow limited services in the church of the Holy Sepulchre. Prayer is prohibited for security reasons at the Western wall, the priestly blessing that usually involves tens of thousands of Jewish people praying there will be conducted over video with 50 priests blessing Israel, Julie Stahl, CBN News, Jerusalem. Gary Lane from CBN News talks about getting bibles into Iran. Have a listen. As Air strikes continue to ponder, Ron, Christians there are praying for God to step in and bring freedom to their country. They're still gathering and they're still praying. And I think there are a lot more cautious now. They're really kind of staying closer to home if they can. Patrick Klein, president of Vision Beyond Borders, tell CBN News, he and his Bible smuggling team recently met in Armenia, just a stone throw from the Iranian border. A lot of trucks about a thousand oil tankers coming across the border

7:18every day, caring oil to Western Europe. So it's a great border and we just went with our team and prayed at the border and asked the Lord to open the borders. The doors are going to open up and if they do, it's going to be a flood. It's going to be a flood that opens up. Dirk Smith, vice president at Eastern European mission, says his team is ready to send a huge shipment of children's and team bibles, plus other Christian books in Farsi into Iran. Some Christians say you may be getting ahead of God here. They warned that civil war and a surgeon, so you could soon make Iran too dangerous for spreading the gospel. How do you respond to that? Too dangerous to spread the gospel. How does that work? I guess I would, I guess I would ask somebody, find me the scripture. You know, we pray for safety a lot. I find that interesting. You know, I go to church and I hear people keep a safe, keep a safe. And I'm like, I don't know that I find that in the Bible. I don't find a prayer for safety. How, how is something too risky?

8:18Is it, is it ever too risky to share the gospel of Jesus with someone? Smith believes God will answer prayer in a big way, something like a Berlin wall moment. In other words, he expects a historic change and dramatic breakthrough that changes everything. Our prayer is that we're prepared. We're ready to go. And that was what, what happened when the walk in down in 89, the opportunity came. And again, when we pray, God will, God will open those doors. And so it happened when the walk came down with the Soviet Union, we were able to walk in and distribute hundreds of thousands of Bibles, climb or just Christians worldwide to pray for a future where every Iranian can own a Bible and read it freely. One man just got one and he was so grateful. And he said, now I have the truth for myself. I can read the word of God any time I want day or night. And he's just so grateful to have the word of God. We believe God is going to change Iran. And I believe it's going to affect the whole Islamic world.

9:20Gary Lane CBN news. Lot of them going on in the world. Lots of things to be praying about, praying for. And aren't you glad that God called us for such a time as this? When we come back, we're going to take a look at what's going on on college campuses and in classrooms all across America. This is in the market with Janet Partial Glad you're joining us. The Bible calls us to stand for his truth that we are in Christ and that we have a new nature because of him. So why don't we live boldly? That's why I've chosen call to take a bold stand by Pastor Jack Gibbs's This Month's Truth Tool. Discover how to stand firmly in your faith and make every moment count for him. As for your copy of call to take a bold stand when you give a gift of any amount to in the market, call 877 Janet 58. That's 877 Janet 58 or go to in the market with Janet partial dot O R G. Well, today's a really good day to talk with a lawyer because we woke up to some outstanding news this morning. The US Supreme Court ruled today against a Colorado law.

10:22What is going on in the state of Colorado? They're like a dog and a bone on this issue. They wanted to restrict licensed mental health professionals from having talk based therapy to people who were struggling with their sexual orientation. I'm not going to use the word conversion therapy. That's a cudgel. It's a made up term. No Christian counselor that I know worth their salt even uses that. It's a made up term and it makes it sound like you're losing using electric prides and waterboarding, et cetera. It's nothing of the sort. It's saying to somebody who struggles and says, I don't feel good. This doesn't feel right. I want to talk to somebody about it. Okay. Well, there's some people who don't even want you to talk to someone who's struggling. They'd rather they be caught in their pain, their sin and their struggle. Not today. The Supreme Court said eight to one. That's almost a slam dunk will tell you who the one was in a bit. Eight to one. Sorry. There's nothing here that you can stop. This says everything in the world to do with free speech. And it just happened to come down on like there was such a thing. Transgender day of visibility.

11:22Yeah, I didn't know there was such a thing. But apparently there is a high court determined that Colorado's 2019 law likely trampled on first amendment protections and ruled in favor of a Christian therapist by the name of Kayleigh Charles. The case officially is called Charles V Salazar. And in the 23 page now, I want you to know that 23 page opinion. The corsage wrote for the majority. So to me, I wrote a concurring and Katenji Brown Jackson was the descent. 35 pages in the descent. More on that in a minute. But the eight to one decision says, Nope. Sorry. You did some trampling here. And corsage wrote, we do not doubt that the question how to best, how best to help minor struggling with issues of gender identity or sexual orientation is presented as subject of fierce public debate. But he went on to say, but Colorado's law addressing, quote, conversion therapy does not just ban physical interventions. In cases like this, it's censors speech based on viewpoint.

12:23Colorado may regard its policy as essential to public health and safety. Certainly, sensorious governments throughout history have believed the same. Ooh, touchdown. Ah, that's really good. So this has everything to do with free speech. And it's also about bigotry viewpoint discrimination. Colorado says, we don't like the way you look at the world. Kind of like the Chicago bulls when they don't like the way one particular basketball players happens to think about the world around them. More on that later this week, we've got lots to talk about that. By the way, several basketball players, several NFL players who are followers of Jesus Christ are coming out now strongly in support of Jayden Ivy. We'll talk more about that later this week. Unbelievable. Shame on you, Chicago Bulls back to the courtroom and off the court. This is a wonderful decision. And I don't know why so many of these keep coming out of the state of Colorado. So we cleared the deck. This is going to be the first thing we're talking about today. And it isn't even the end of the term. So there's still some lollipaloo to still coming down before the end of the term at the end of June. But this was a biggie. Sarah partial Perry. What a wonderful day to have not only a daughter who's brilliant and beautiful and follows the Lord, but also habits of no thing or two about the law.

13:25She is vice president and legal follow at defending edge. She's formal civil senior counsel to the assistant secretary for civil rights at the U.S. Department of Education. Sarah, this was a big almost called to Craig. I don't know. Can't tell the lawyers apart from each other. But this was a biggie today and an age to one decision. Unbelievable. Talk to me about this. Yeah. This is a pretty common sense decision that came down from the Supreme Court. Quite frankly, one that I think a lot of us anticipated. And that's because Colorado can't seem to figure out how to use the first amendment. In fact, it's lawyers need to go back to law school. One of the problems that we see coming out of Colorado is an absolute avowed hostility to any religious perspective that runs contrary to notions of sexual orientation and gender identity. So in two cases with masterpiece cake shop, we remember Jack Phillips, the cake baker who did not want to make a wedding cake for a same-sex marriage. We also remember three or three creative versus a Linus, the Christian website designer who did not want to do the same for Christian for a same-sex couple.

14:27Now we've got a Christian counselor. And once again, we see Colorado attempting to throttle you points. It doesn't like this spot that way was through the conversion. Therapy ban, which banned every clinical practice in the state of Colorado, except for those affirming sexual orientation and gender identity. So right there, Colorado is selecting winners and losers under its legal auspices. It has decided that you may only in your clinical practice affirm sexual orientation and gender identity, your own individual personal or religious beliefs, be hanged, and no matter what you may think are the best approaches for a minor child. Well, as you mentioned, eight to one today in an opinion written by Justice Forsage, who by the way, indicated in three or three creative versus a Linus conduct versus speech is a question that will come back to us yet again. I don't know if he knew that came with a money back guarantee because he was

15:28again, the authoring opinion in this case, great common sense, even joined by Sotomayor and Justice Kagan, which I thought is significant. I wanted to point that out. Let me get you asked you to respond to Governor Gavin Newsom, who has presidential aspiration. So he wants to weigh in on things, even if it's an issue that doesn't come out of a state. So he's blasting the ruling and he called the practice of, quote, conversion therapy again, a cudgel, I will not use. It's a made up term. He called the practice junk science and warned that this decision could endanger vulnerable young people. So he said this on X and I want you to respond after the break. Conversion therapy is discredited junk science that inflicts harm on LGBTQ youth. The Supreme Court's decision is disappointing and puts vulnerable kids at risk. I'm sorry, Governor. I thought this was about free speech and viewpoint discrimination. It wasn't about, quote, junk science. We'll get Sarah's response when we return. Big happenings at the court today and it's a solid victory for free speech.

16:29I'm glad this Christian Council can tell the truth, the whole truth and nothing but the truth right after this. Yeah. Visiting with Sarah partial Perry, yep, my daughter vice president and legal fellow at defending education, former senior council to the assistant secretary for civil rights at the US Department of Education. And we're talking about this. wonderful decision that came down from the Supreme Court today, eight to one ruling that the Colorado law prohibiting licensed therapists from performing talk-based, quote, conversion therapy on minors. Again, that is such a torturously inappropriate word on minors likely violates the First Amendment, citing with a Christian counselor who argued the restriction amounted to unconstitutional viewpoint discrimination. By the way, for the record more than 20 states, including California,

17:30hence, I guess why Newsom's weighing in prohibit licensed therapists from performing conversion therapy on minors. This means Joe Dallas is free to do what he wants to do and what God has called him to do. And California does have a dog in this fight. They became the first state in the union to ban this back in 2012. So Sarah, just to get a reacts from Newsom on this, talking about junk science. What's junk science is lying to somebody and telling them that they can't change that if that's true, by the way, it belies everyone who's detransitioned or was formally someone who dealt with same-sex attraction, but no longer does. And it makes a liar out of the scriptures and brother Paul in particular who said, among other panoples of sins and such were some of you. So this is a biggie. This is a headline in heaven as much as it is out of Washington, DC. Yeah, I would agree with that wholeheartedly. In fact, what we're seeing today is the exercise of common sense from the start to the finish of this entire process from oral arguments all the way to the earliest stages of litigation. Gorsuch recognized that the question before the court

18:31was a quote narrow one. And in fact, she challenged only the application of a law that struck at the heart of the First Amendment's protections for pure speech. It was a very narrow question. Kagan even wrote separately. This is a liberal who is concurring in the judgment saying that the First Amendment question would have been harder if Colorado had instead enacted a content-based but viewpoint neutral law. Instead, they picked and chose the viewpoints that they wanted to present. And that's a viewpoint that's in line directly with Governor Gavin Newsom. Yeah, exactly. Let's talk about the dissent because it's historic A in its length and it's it's so flawed in terms of its legal reasoning. I guess it all depends on who's ox is being gourd. What's interesting is that just as Jackson came out in supportive dobs and against row and Casey and said in a dissent, there is no right to practice medicine, which is not subordinate to the police power of the states. This was true

19:34100 years ago and it should be true today. And then she flips that completely around in her dissent today. So talk to me about this. Yeah, so she argued that the court's First Amendment precedent have quote far less salience when the speakers are medical professionals and their treatment-related speech is being restricted what she called incidentally to the state's regulation of medical care. Well, the court said very distinctly, this is not incidental to medical care. The only thing she's providing is pure speech. In fact, it would not have gotten any easier. It was about as easy a question as Gorsuch writes as they could possibly have wrestled with, but she said that the state was restricting a dangerous therapy modality. Again, Governor Gavin Newsom approach that incidentally provide speech. Well, Kayleigh Childs does not provide prescriptions. She hasn't provide hormones, cross-sex hormones, puberty blockers, medical referrals, nothing. All she does is talk that is the nature of a counselor's relationship

20:39with a patient. And she was the only one, Justice Jackson, who failed to see the very simple First Amendment calculus. But as often the case, I find that the people who have the most to say often have the least rationale on which to say it. Well, Lady Justice is blindfolded for a reason, and the skills of Justice held high above her head bend with the evidence. Also, I'm reminded of First Kings 18 when you limp between tune to opinion. So last year, Justice Jackson ruled that states do not have the right to ban child sex changes, yet rules today that states do have the right to ban counselors from telling boys that they're not girls. That is not only, there's no continuity in that line of thinking legally. So either states do or do not have certain rights, but here she is cherry picking what rights she thinks the state should have. Am I right? And that's exactly it. And in fact, it's very interesting. The entire distinction here rests on the distinction between speech and conduct, right? So when you are talking as a professional,

21:45are you engaging in conduct or are you still speaking? And the courts made very clear in previous cases, like the Nifla versus Bacerra case, that even though you are a professional who gets paid for your speech, and that may be speech-related to medicine or the provision of psychotherapy, it is still speech. There is nothing else involved here. And in fact, to try to call this conduct, as opposed to speech, Gorsuch wrote, was little more than a quote labeling game. They were playing games with words. That was something, obviously, Justice Jackson agreed with, but eight other justices roundly disagreed. It is now the fourth time, because there were two masterpiece cake shop, one in three, three creative, one now with Charles versus Salazar, that they have lost on a first amendment challenge at the Supreme Court, which is part of the reason our organization has brought its own against the state of Colorado, once again, for another violation of the first amendment

22:47in public accommodations law. Well, I want to get to that in a minute. Let me just wrap up this business with the Supreme Court and talk about application. So it is a ruling from the High Court, it deals specifically with the law out of Colorado. There are 20 states, including California, as I noted earlier, that prohibit therapists from having this kind of conversational therapy, exactly the kind that Kayleigh Charles has. With today's ruling, what happens to those 20 states? Is this an overruling that renders then in their state, unsconstitutional, these prohibitions? This will have to be a case-by-case determination. Now, for the most part, any state that has a conversion therapy so-called ban can continue to operate those ban, but this is good news for every conservative, every religious clinical practitioner, and there are many, and they are such a blessing, because that's such a calling to hear the Lord's call in your life, to say, I'm going to minister to people through my gifts of service, go into counseling, talk to them about where they are, their mental health needs. There are Christian counselors across the country. If they happen to live

23:49in a state with these so-called conversion therapy bans, they are now protected, and can speak in accordance with their sincerely held religious beliefs. Wow. Tell you, that's amazing, and that's why reference Joe Dallas earlier being gestuated as he is in California, having a counseling business, a counseling ministry, more to the point that he's had for, oh, on decades. This is something that he was concerned about. What was it going to do in terms of his ability to be able to share when people are struggling in one out? That's the entire spinal column of this practice. Thank you, Lord. Now, he's protected today. So, age to one, that means even the liberal wing, except for one voted. This was so common-sensical and so thankful, Lord, for that decision. Wow. We've got a lot to talk about. Now, defending it has been busy out there, taking a look at what's happening on college campuses across the country. I want you to know so that you are ready and more prepared to look well to the ways of your household.

24:55Jesus told us to go into the world and not run away from it, and he didn't say it would be easy. In the market, with Janet, partial is a program designed to come alongside and walk with you into the marketplace of ideas. Partial partners are those friends who support our program on a regular monthly basis. They know the mandate of influencing and occupying until he comes. So, why don't you become part of the inner circle of support? Call 877, Gen. 58, or go to in the market with Janet Partial.org. Revisiting with Sarah Partial Perry, Vice President and Legal Fellow at Defending Education. She is a former senior counsel to the Assistant Secretary for Civil Rights of U.S. Department of Education, and yes, she is my daughter, and I'm very proud of her, and so glad we get to have these conversations. So, Sarah, I want to go back to SCOTUS before we move from the courtroom to the classroom. Talk about mirror belly, because this is still the trans issue, and as I understand that there's still some pending stuff going on here. Talk to me about this. Yeah, that's a great, great point. And in fact, a lot of these decisions, I think, are often misunderstood as being immediately impactful for the entirety of the country. Sometimes,

25:58the Supreme Court weighs in on what's called its emergency docket, also referred to as the rocket docket or the shadow docket. And that means that something comes to the courts on an emergency basis with a request for relief that has to apply immediately. For example, something like getting an injunction, which simply means you hold the operation of a law or policy simply during the pendency of the litigation. That's what happened coming out of California on a challenge to the gender secrecy policies in the state. Remember, Governor Gavin Newsom, what's bad in California generally shows up at the Supreme Court? This is precisely what happens here. These gender secrecy policies are directives to teachers and administrators to actively lie to parents about the expressed gender identity of minor children when they're at school if the child so requests it. Now, a lot of children think that they know best. I think I did at some point, but you could probably confirm whether that's the case. Never. You know, I was 99% of the time, right? I just will say my children also

27:04like to think that they too are correct on everything at 16, 19, in almost 22. But I will tell you, there comes a point at which we recognize that the court, the diminished capacity of minors, they can't buy cigarettes, alcohol, register for the draft, sign a contract, serve jury duty, and that's because they don't have the emotional ability or the intelligence to make those exact decisions. That is directly implicated here with gender secrecy policies. And so very recently, the Supreme Court issued a what's called a percurium opinion. It's unsigned. So we don't know how the justices specifically voted. However, we got something very interesting from Justice Amy Coney Barrett, who was the only one to write a separate opinion. And in which she said specifically, these types of policies directly interfere with the fundamental right of parents to direct the upbringing education and medical care of their children. The first time the Supreme Court recognized

28:06that was all the way back in 1923 with a case called Meyer versus Nebraska. That's to my mind indicates that we will see another case and probably two because there are two active search petitions. Those are requests for review at the Supreme Court currently pending. Both of them have been rescheduled no fewer than 12 times. What does that mean? Well, then for people who like to read the tea leaves like myself, I was once told, never prognosticate, never predict. I like to do it anyway. So sue me. This is one of the things I will predict. They have been rescheduled 12 times. That indicates three of the justices want to take these cases up and a fourth is on the fence. You only need four justices to get a search grant. That's exactly it. And so we've got probably three. These continue to be rescheduled because we think there's one that's still on the fence. This decision, though, in Mirror Valley versus Bonta, while it applies only to California is a very good signal to other school districts across the country that they should definitely be watching their

29:10back on challenges like this in the future. Well, any possibility that we're going to see any of these kinds of cases adjudicated or have oral arguments before the end of the term in June? So that's a great question. In fact, a lot of people have wondered, is this something that they could take up? The short answer is no. And here's why we've got oral arguments, arguments already set for every single one of the cases that has currently been docketed. They're full through the end of the year. And then generally, what will happen at the end of April beginning of May is that we will see an avalanche of opinions begin to roll out. That means that because we are now going into April 1st tomorrow, we are not likely to see what of these taken up and argued before next term, which would be October of 2026. To my mind, what I think will happen. And again, I'm just prognosticating, but we know what we've seen from these particular justices, three of whom have been confirmed by the current sitting president. They have indicated their willingness to take this off and do not once, but twice. Justice

30:13as Alito and Thomas have said, this is an issue of growing national importance that cannot continue to ignore. Yeah. Okay. So there's something for your perilous friends that you can pray that there will be the moral courage necessary by these high justices to be able to take these cases up because it's impacting so many classrooms all across the country. I want to pick up on a hanging participle your reference defending at your organization and a complaint in Colorado. Tell me the story. What's happening? So one of the things that we've done in Colorado is actually bring a challenge on behalf of some of our parent members. We represent hundreds of parents and parent organizations across the country, which is wonderful. We get a chance to provide them the resources and training that they need to learn how to file civil rights complaints. Speak up at school board meetings, ask for examination of the curriculum. They're children are being taught. We love our religious school friends. We love school choice. We love our homeschooling friends. We also recognize that more than 85% of American kids go to public schools. That's a function of financial necessity or special needs protections, which is something my own boys needed. This is a

31:15challenge that we've brought on behalf of two of our individual parents and their parent groups. In public accommodations where our two parents like to hold conferences for other parents on gender identity and the dangers of gender identity for minors, they are now being told that they will be tagged with a 5,000 per incident violation. For every incident, they fail to use mandatory preferred pronouns. Public accommodations mean any business open to the public. That is hotels, restaurants, businesses, dry cleaners. That is train services, airlines, anyone operating or located in the state of Colorado. If you fail to use a preferred pronoun, not an operator of a public accommodation, simply a user, a regular person like you and me who might go into a restaurant for dinner. If we do not use preferred pronouns in the state of Colorado, thanks to a brand new amendment that was signed into law by Governor Polis a few months ago,

32:18that is now a 5,000 dollar civil rights violation. Well, that wasn't going to stand for us, and so we've sued together with an organization called Do Know Harm, which are Christian religious doctors who are very critical of gender medicine. They too have brought what we'd like to call a super suit based on the first amendment, and we are hoping in very short order to have an opinion from the trial court, which will determine our next steps. Well, it's not a pejorative, it's an objective observation. What is going on in the state of Colorado on this issue? And by the way, if this were baseball, they're not going to get anywhere near the playoffs little and play in the series. Every time they're up to bat, they strike out on this eventually. I have a legal friend who called them the New York Jets of the Supreme Court because every time they get a chance, they whiff them all. Okay, baseball football. It clears mud. We're doing this. Wow. Okay, so moving out just in difference to time, talk to me now because one of the things that you do, and we talked about this the last time you were on that when you finally complained, it then is up to an

33:19agency, the Department of Education, the Department of Justice to say, we think there's enough there there to really move forward. And maybe this is prosecutable or enforceable and we need to get involved. So that's the background out of something that comes now from the state of New Hampshire. Talk to me about this. So back in August, I filed a civil rights complaint with the Department of Education's Officer Civil Rights, where I used to be one of the senior attorneys. Again, for anyone who's listening, if you see discrimination in any one of your public schools, whether that's on someone's color of their skin or where they were born, whether or not they were a boy or girl, it's a very easy process. You can go to ocr.ed.gov and file these complaints on your own. Now, I happen to have the advantage of also being an attorney working with a great team of litigators so we get our complaints very, very airtight, but we had reason to believe that there were some malfeasance, come me out of New Hampshire because a lot of these blue states, blue governors, and blue mayors quite frankly are actually flouting federal civil rights directive because they want to wait out

34:23the current administration and civil rights law. Well, one of the things that's implicated here is title nine of the Education Amendments of 1972. Simple statue passed during the Women's Liberation Movement. It simply says you cannot prohibit. You cannot discriminate on the basis of sex in federally funded education. Very simple, shortest civil rights sentence we have in all of our canon. The Biden administration turns sex on a Ted by adding gender identity. And as a result of that, we've got a lot of blue states and a lot of blue cities who've decided their school districts will say, you know, what we prefer to wait this one out, we're going to use our state law and the previous administration's interpretation to keep boys in girls' bathrooms. Well, we filed some public records requests, got a hold of information about what the principal was representing in what's called conval or contuit valley New Hampshire high schools. And sure enough, they've actually said, we're going to let biological boys into girls' bathrooms. And as soon as we found that out, that prompted

35:24the finally of a civil rights complaint in August, just today, the Department of Education announced that they have indeed opened a formal investigation and the school district will have to answer for its mouthies. Wow. Let me break that down a little bit so people understand. In other words, let's go back to sports again. This is running the clock. Their attitude is, look, with a new administration, this is why elections count, by the way, because elections are about worldviews. So what the people who are antithetically opposed to the idea that boys should plan boys teams and use boys' bathrooms, they think there isn't any distinction. They want to run the clock and they're thinking that given a new administration, and maybe even perhaps an overturning of Congress in the midterms, they're going to get their things their way. And so let's just run the clock. Well, that's why what's happening now at DOE and other agencies is extremely important, because if you're up against the clock, you can't sit back on these issues. You have to move forward. Let me come back again, Sarah, only a difference to time because there's so much news that you bring to today's conversation. I want to talk about a piece that you wrote for the Sivitas

36:26Institute that deals with Montgomery County Schools. This is the district where the Mahmoud decision came out. So I want to find out exactly what's percolating up there. Again, go to the website because one of the things defending Ed has is this great report things that are happening all across the country that you need to know about, including the NAA's advancing of LGBTQ rights. You want to read that article on my website. Sarah Partial Perry is with us vice president and legal fellow at defending education. Sarah, you recently wrote a piece for the Sivitas Institute with a headline that says the government schools persist in mandating gender ideology. And in this article, you make the case that really and truly so many of these questions that are swirling around the issue of so-called trans rights don't come, quote, the expense of our constitutional heritage. I thought that was a great statement. What is the situation in Montgomery County? Well, I think we should start by saying that

37:30Montgomery County Schools is the Colorado of school districts, right? It can't seem to get things right. It's already been to the Supreme Court, not just on Mahmoud versus Taylor's decision related to religious parents and their rights have opt out from objectionable material, but they also were subject to a challenge that was not taken up by the Supreme Court on gender secrecy policies, just like in Maravelli, from the last Supreme Court term, prompting a dissent from Justice Alito, saying this is one of the cases that we've got to consider in the future. So these guys are prototypical bad actors, just like the state of Colorado. Once again, this is a situation where a court has botched a First Amendment analysis, an opinion that was specifically written by Judge King and joined by Judge Thacker, who are two Biden appointees, specifically related to whether or not a substitute teacher who does not want a lie to parents about the expressed gender identity of their minor child or who won't use preferred pronouns,

38:30has a claim for violation of a First Amendment rights. And the Fourth Circuit, Court of Appeals, just said no. Now, this was such a botched analysis. There are different questions involved when we talk about government employees than about private citizens, because to assert the extent the government has a right to buy the speech that it wants and then control that speech makes perfect sense. That's sort of a principle laid out in a case called Garcetti versus Cabalos, but there is a balancing principle in a case called Pickering versus Board of Education. And in Pickering, the court clarified that when an individual government employee, like here, a substitute teacher, is speaking on a matter of public concern that is currently in the public debate, that is a pressing national issue, they have protected First Amendment rights, and those have to be balanced against the school's orderly administration of the school day. Well, there was

39:33nothing that the substitute teacher here was actually doing to disrupt class. In fact, she actually said, here are the accommodations I will provide for the gender dysphoric students. I'll call all kids by their last names Montgomery County School said, not good enough, terminated her employment. And that prompted the decision that we just got from the Fourth Circuit. What I saw in the tea leaves in justice, justice Wilkinson's dissent, and he is the sitting chief justice who will probably soon take retirement years ago actually is a student practitioner in the Fourth Circuit Appellate litigation clinic when I was in law school and that was many, many decades ago. He actually was the justice that I argued in front of. This is an individual who recognized how simple the question was, once again, the First Amendment gone terribly wrong, but as I predicted, it has already made its way to the Supreme Court on a request to take it up

40:33in the fall. Wow. So, incident paradoxical that in this hour, we've really come full circle because we started out with a ruling today, eight to one significant ruling that said that a Christian counselor in California, Kayleigh Childs, cannot be told that she can't talk to her clients when they're struggling with gender identity or same sex attraction or feel like they're trapped in their own body. That is, they said viewpoint discrimination. Isn't the core of what you just have talked about coming out of Montgomery County, the same thing is viewpoint discrimination. In other words, what you have are some people in authority, local people, little power, local authority, but unfortunately that power is powerful because it's closest to your kitchen table. They're making the decisions that impact your babies. It's not some overseas international diplomacy issue or geopolitical issue. It's your kitchen table. It's your child. And now you've got someone who's being told, if you don't march in lockstep with our particular worldview, then we're going to punish you. That's basic common parlance. No, I'm not using legal language, but the takeaway on this in plain talk is you don't do it our way. And it's an opinion,

41:37it's subjectivity, then we're going to make you get punished. You know, I find it interesting. This is a role reversal when your father and I were on college campus. We saw firsthand people protesting the Vietnam War. They would wear black armbands and they would just rub classes and they'd ride in the streets. And the only time your daddy ever got tear gassed when he was sharing the gospel on a street outside of a Big Ten University. And there were a bunch of riders against the Warren Vietnam and they tear gasped and he got caught in the crack up hole as he was trying to share the gospel with students on the street up there. So we've gone from that kind of protection for free speech. And at that point, that was very much of an issue under the left to the point now where free speech is a treasure to the right. And the left doesn't care at all about it. They're much more interested in total utter compliance. It seems to me. Oh, that's absolutely what it is. In fact, this is the government picking and choosing perspectives that it likes and throttling perspectives that it doesn't like. It's regardless of whether or not an individual is speaking as a private citizen,

42:37and a matter of public concern, but happen to be employed by a government agency, or whether or not it's someone operating in a public accommodation, or someone who actually runs a business. And as a professional who wants to speak in accordance with their sincerely held religious perspectives, this particular viewpoint discrimination is not only endemic to the state of, I think, modern cultural warfare between the left and the right, between light and darkness, between reality and sort of the fiction of gender identity. It's something I think we're going to see an increasing measure before the Lord comes back. I couldn't agree with you more. One of the things I love about the website for defending education is you have something called an indoctrination map. Tell our friends what this is all about because you're talking to people all across the country. And my guess is that everybody listening can find their state somewhere on this map. It's one of my favorite resources. If you go to vendinged.org, you can find our indoctrination map right on the homepage, searched by state, school district, and incident,

43:40you can pick from any number of criteria and find out exactly what we've discovered in your home school. And one article of interest, and I've got it right there as a fast reference on my information page, is one entitled National Education Association's upcoming advancing LGBTQ plus justice and transgender advocacy mouthful. Training includes employee transition guides promotes a race class gender narrative and promote and claims opponents are quote strategy are using strategic racism and transform me that transphobia that quote harms us all. A lot of words bottom line is the NEA is this aggressive. It doesn't have anything to do with student rights. It's all about this sort of union boss, Marxist ideology, and they're not a friend of the teacher and they're certainly not a friend of the student, but they do have influence. So mom and dad, you need to know, Sarah, thank you. There's so much more we can talk about. And I'm so glad you come and visit with us on a regular basis because there is so much we should talk about. So in the meantime, defending ed.org, there's a ton of excellent information there, including an indoctrination map

44:45so you can see what's happening in your neck of the woods or you can let other parents know. So they're looking well to their household as well. Thank you, Sarah. Thank you, friends. We'll see you next time on In the Market with gender partial.