From: Michelle Cretella <drmcretella@gmail.com>

Sent: Tuesday, January 21, 2020 1:16 PM

To: Richard Mast <RMast@lc.org>

Cc: juliannehyoung@gmail.com; Steve Smith <steve@stevesmithlaw.com>; Fred Deutsch <drfred@deutschclinic.com>; Mary
McAlister <mmcalister@childparentrights.org>; Natasha Chart <natasha.chart@gmail.com>; Kelsey Coalition
<kelseycoalition@gmail.com>; David Pickup <davidpickuplmft@gmail.com>; Eunie Smith <alaeagle@charter.net>; Gary
McCaleb <mccgsm@gmail.com>; Glenn Ridder <glenn.ridder@outlook.com>; Horvath Hacsi <birdcatcher9@yahoo.com>;
Hudson, MD Bernard <loyolamd82@gmail.com>; James Shupe (Formerly Jamie Shupe) <jamie.shupe@yahoo.com>;
mike@drlaidlaw.com; Jane Robbins <rlrobb123@gmail.com>; Lappert Patrick <patrick@lappertplasticsurgery.com>; MD
Paul Hruz PhD <hruz_p007@att.net>; Margaret Clarke <margaretclarke317@icloud.com>; Matt Sharp
<msharp@adflegal.org>; McHugh Paul <pmchugh1@jhmi.edu>; Monique Robles MD <pamosa27@comcast.net>; Quentin Van
Meter <kidendo@comcast.net>; Roger Brooks <rbrooks@adflegal.org>; Scott, Greg <greg.scott@heritage.org>; Timothy
Millea MD <TMillea@qcora.com>; Vernadette Broyles <vbroyles@childparentrights.org>; Walt Heyer
<waltsbook@yahoo.com>; William Malone <malone.will@gmail.com>

Subject: Re: Idaho Vital Statistics Integrity Act - short window for comments - by Friday, January 24

*EXTERNAL*

Richard,

Thank you to all who are making this happen!

-

Re: the bill itself, I am not convinced that the specific DSDs should be named and described (section 5) and defer
to Dr. Paul Hruz's expertise. Otherwise, I believe that it looks good.

Re: ADF PDF: In Section 2, Matt has quoted the American PSYCHOLOGICAL Association defining sex as "assigned at
birth" - I am pasting the section below:
The same is true of a person’s sex. Sex is binary (male or female), fixed, and objectively verifiable. One’s sex
is genetically established at conception, ascertained at or (via sonogram or genetic testing) before birth, and
may be verified by objective factors such as chromosomes, gonads, hormones, and genitalia. See, e.g., Am.
Psychological Ass’n, Answers to Your Questions About Transgender People, Gender Identity and Gender Expression at
1, http://www.apa.org/ topics/lgbt/transgender.pdf. “Sex is assigned at birth, refers to one’s biological status
as either male or female, and is associated primarily with physical attributes such as chromosomes, hormone
prevalence, and external and internal anatomy.”

Sex is NOT assigned ... I recommend referencing the American PSYCHIATRIC Association (DSM-5) instead:
The American Psychiatric Association defines sex as the "biological indication of male and female (understood in
the context of reproductive capacity), such as sex chromosomes, gonads, sex hormones, and nonambiguous internal
and external genitalia.”

Reference:
American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders: DSM-5 (Washington, D.C.:
American Psychiatric Publishing, 2013), p. 829.

Best,
Michelle
(Dr. Cretella)

On Tue, Jan 21, 2020 at 12:34 PM Richard Mast <RMast@lc.org> wrote:
All,

Please meet Steve Smith, an Idaho allied attorney, and Idaho Representative Julianne Young. They have been
working on a birth certificate protection bill, to reverse a recent court decision striking down sex-based birth
certificates in Idaho. This will restore the status quo, making Idaho one of four states that require birth
certificates to reflect sex, along with Kansas, Ohio, and Tennessee.

Julianne has a short window to receive comments (especially desired from the medical experts).

Matt Sharp provided ADF factual findings for the recitals and some edits. I have accepted his changes; made a few
suggested edits of my own, and thus open it up to you all for any input for Julianne and Steve.

There may be an opportunity for expert testimony, but I leave the details on that to Rep. Young.

Thanks,

Richard L. Mast, Esq.*
Senior Litigation Counsel
Liberty Counsel
PO Box 540774
Orlando, FL 32854
(407) 875-1776 phone
(407) 875-0770 fax
LC.org
Offices in DC, FL, and VA
*Licensed in Virginia
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